Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 19977 of 2018 Petitioner :- Deshpal Singh And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shivajee Singh Sisodiya Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Devendra Saini holding brief of Sri Shivajee Singh Sisodiya, learned counsel for the petitioners, Sri Deepak Mishra, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the FIR dated 5.7.2018, registered as case crime No. 212 of 2018, under Sections 307, 506 I.P.C., P.S. Bhamaura, District Bareilly.
Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in the present case. He further submitted that earlier an FIR was lodged from the side of the petitioners against respondent no.3 and his brother, on account of which just as a counter-blast the impugned FIR has been lodged by respondent no.3 against the petitioners levelling false and frivolous allegation. He next argued that the injuries sustained by the injured are simple in nature, as is evident from the medical examination report of the injured. No offence is made out against the petitioners, hence, FIR is liable to be quashed by this Court.
Learned A.G.A.opposed the prayer for quashing of 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. but they shall co-operate with the investigation of the case.
With the above direction, this petition is finally disposed of.
(Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.) Order Date :- 26.7.2018/NS