Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 23947 of 2018 Petitioner :- Dev Kumar Mishra @ Bachcha Mishra And 12 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Brij Gopal Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Brij Gopal Singh, learned counsel for the petitioners, Sri N.K. Verma, 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 15.7.2018 registered as case crime no.167 of 2018 under sections 147, 148, 342, 283 I.P.C. and section 7 Criminal Law Amendment Act, police station Girwa, District Banda.
Learned counsel for the petitioners submits that the five years old girl was raped and no action was taken by the police, hence demonstration was made by the villagers and thereafter the present FIR has been lodged against the 13 named persons and 50 unknown persons. It is a case of no injury.
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.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 30.8.2018 AU