Court No. - 2
Case :- CRIMINAL MISC. WRIT PETITION No. - 16050 of 2019 Petitioner :- Bhisham Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Mohd. Afzal Counsel for Respondent :- G.A.
Hon'ble Dinesh Kumar Singh-I,J. Hon'ble Pradeep Kumar Srivastava,J.
Heard Mohd. Afzal, learned counsel for the petitioner, Sri Omprakash Mishra, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioner with a prayer to quash the F.I.R. dated 14.05.2019 registered as case crime no. 0089 of 2019, under sections 364, 384, 306 I.P.C., police station- Hastinapur, District Meerut.
Learned counsel for the petitioner has submitted that the petitioner has no role in the present offence, the only role assigned as per the FIR is that he had accompanied the co-accused persons. He further submitted that as per post-mortem report no external injury was found on the body of the deceased, viscera was preserved, it is a case of suicide. The petitioner has no criminal antecedents. The allegations levelled against the petitioner are absolutely false, frivolous and baseless, hence present FIR lodged against the petitioner be quashed.
Learned A.G.A. opposed the prayer for quashing the FIR.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioners shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. provided that he shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
Order Date :- 10.6.2019 Bhanu (Pradeep Kumar Srivastava, J.) (Dinesh Kumar Singh-I, J.)