Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16166 of 2019 Petitioner :- Dara Saroj And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Indra Bhahadur Yadav Counsel for Respondent :- G.A.,Shiv Bahadur Yadav
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri I.B. Yadav, learned counsel for the petitioners, Sri S.B. Yadav, learned counsel for the respondent no. 4, Sri Abhijit Mukherjee, 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 petitioners with a prayer to quash the F.I.R. dated 22.4.2019 registered as case crime no. 89 of 2019 under sections 147, 323, 354, 392, 504 I.P.C., police station Gopiganj, District Bhadohi.
Learned counsel for the petitioners submits that there are counter versions of the incident. Both sides have lodged F.I.R. against the incident against each other. He submits that the F.I.R. which was lodged from the side of the petitioners against respondent no. 4 and others was challenged by them before this Court in Crl. Misc. Writ Petition No. 11535 of 2019 in which their arrest was stayed by Co-ordinate Bench of this Court vide order dated 2.5.2019 copy of which is annexed at page-35 of the present petition, hence the petitioners are also entitled for the same relief.
Learned counsel for the respondent no. 4 and learned A.G.A. opposed the prayer for quashing.
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. but they 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 :- 11.6.2019 Shiraz