Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16015 of 2019 Petitioner :- Boby Pachauri @ Abhishek Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Lalit Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri Lalit Kumar Srivastava, learned counsel for the petitioner, Sri G.P. Singh, 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 16.05.2019 registered as case crime no.330 of 2019 u/ss. 147, 148, 149, 323, 307, 504, 506 IPC, PS. Etmaddaula, District Agra.
Learned counsel for the petitioner submits that though FIR has been registered against the petitioner u/s 307 IPC but it is a case of no injury. The said fact is mentioned in para no.13 of the present petition. From the perusal of the FIR, no offence is made out against the petitioners, hence the same be quashed.
Learned A.G.A. opposed the prayer for quashing.
Considering the submissions advanced by learned counsel for the parties and the nature of allegations, it is directed that the petitioner shall not be arrested in the above mentioned case till submission of police report under section 173(2) Cr.P.C. but he shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
(Vivek Varma, J.) (Ramesh Sinha, J.) Order Date :- 10.6.2019 Madhurima