Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 26275 of 2018 Petitioner :- Dhanjay Pratap Mittal Respondent :- State Of U.P. And 02 Others Counsel for Petitioner :- Sunil Kumar Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Supplementary affidavit filed today by learned counsel for the petitioner which is taken on record.
Heard Sri Sunil Kumar, learned counsel for the petitioner, 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 petitioner with a prayer to quash the F.I.R. dated 4.9.2018 registered as case crime no. 119 of 2018 under sections 307, 120, 506 I.P.C., police station Hafizpur, District Hapur.
Learned counsel for the petitioners submits that the father of the petitioner, namely, Sanjeev Mittal had some dispute with Abhishek Verma- respondent no. 3 with respect to payment of a car on account of which present F.I.R. has been lodged by respondent no. 3 against the petitioner, who is a student. He further pointed out that car in question on which some shots are said to have fired as per the F.I.R. has not been seized by the police, the said fact has been mentioned in para-3 of the supplementary affidavit filed today. The present case is a no injury case, hence the present F.I.R. is liable to be quashed by this Court.
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 he 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 :- 24.9.2018 Shiraz