Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16425 of 2019 Petitioner :- Devendra Rajbhar And 2 Others Respondent :- State Of U P And 2 Others Counsel for Petitioner :- R.B. Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Supplementary affidavit filed today is taken on record.
Heard Ms. Surabhi, Advocate, holding brief of Sri R.B. Singh, learned counsel for the petitioners, Ms. Archana 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 petitioners with a prayer to quash the F.I.R. dated 21.03.2019 registered as case crime no.0037 of 2019 u/ss. 147, 148, 149, 323, 504, 506, 427, 332, 353, 333,336 and 307 IPC and 7 of Criminal Law (Amendment) Act, PS. Baresar District Ghazipur.
Learned counsel for the petitioners submits that it is a case of no injury and there appears to be no case against the petitioners under the Excise Act. The said fact is mentioned in paragraph-8 of the petition.
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 petitioners shall not be arrested in the above mentioned case till submission of police report under section 173(2) Cr.P.C. but they shall co-operate with the investigation of the case.
It is made clear that if there appears to be any case separately registered against the petitioners under the Excise Act or any other penal offence, the interim order granted today shall automatically stand discharged.
With the above direction this petition is finally disposed of.
(Vivek Varma, J.) (Ramesh Sinha, J.) Order Date :- 14.6.2019 Madhurima