Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 23191 of 2018 Petitioner :- Dhanpal Singh And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Devendra Kumar Yadav Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Devendra Kumar Yadav, learned counsel for the petitioners, Sri Deepak Mishra, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This writ petition has been filed by the petitioners for quashing the impugned FIR dated 12.8.2018 registered as Case Crime No. 401 of 2018, under Sections 323, 452, 354, 506 IPC, Police Station Jalesar, District Etah.
Learned counsel for the petitioners submitted that it is a counter blast case. Earlier the real brother of petitioner no.
1 namely Manpal was assaulted by family members of respondent no. 3. Thereafter the petitioner no. 1 lodged the First Information Report against the family members of respondent no. 3. Being aggrieved by the said FIR, the present FIR was lodged by the family members of informant which is totally false and fabricated as alleged against the petitioners.
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 :- 24.8.2018 Puspendra