Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 37314 of 2018 Petitioner :- Bhola And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mayank Yadav,Vivek Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Mayank Yadav for the petitioners and A.G.A. for State of U.P.
This writ petition has been filed for quashing the F.I.R. dated 7.10.2018 (registered as Case Crime No. 363 of 2018), u/s 307, 506 I.P.C., P.S. Rajpura, district Sambhal.
In substance, allegation in the F.I.R. has been made that on 7.10.2018, the informant and his father were at their field, then the accused person, armed with countrymade pistols, came there and fired upon them, but no injury was to anyone.
Counsel for the petitioners submits that F.I.R. has been lodged on false allegations, inasmuch as, the petitioners got an F.I.R. of Case Crime No. 0360 of 2018, lodged against Mukteshwar Singh @ Bhagat Ji, Rakesh, Ram Kishore and Ramesh, then in order to mount pressure, the present F.I.R. has been lodged on false allegations.
Considering the submissions advanced by counsel for the parties and nature of the allegations, it is directed that the petitioners shall not be arrested in pursuance of F.I.R. dated 7.10.2018 (registered as Case Crime No. 363 of 2018), u/s 307, 506 I.P.C., P.S. Rajpura, district Sambhal, till submission of police report under section 173(2) Cr.P.C. but they shall co- operate with the investigation of the case.
With the above direction, this petition is finally disposed of.
Order Date :- 20.12.2018 Jaideep/-