Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 5570 of 2019 Petitioner :- Dhirendra And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sanjay Mishra Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Sanjay Mishra for the petitioners and A.G.A. for State of U.P.
This writ petition has been filed for quashing the F.I.R. dated 18.1.2019 (registered as Case Crime No. 3 of 2019), u/s 452, 323, 504, 506 I.P.C., P.S. Bhareh, district Etawah.
In substance, allegation in the F.I.R. has been made that on 18.1.2019, at 8 a.m., the accused entered the house of the informant and began to abuse and assault him, due to dispute relating to flowing water.
Counsel for the petitioners submits that the F.I.R. has been malafide lodged, inasmuch as, the brother of petitioner-2 has already lodged F.I.R. of Case Crime No. 0058 of 2017 against Brij Kishore (husband of respondent-3).
Considering the submissions advanced by counsel for the parties and nature of the allegations, it is directed that the petitioners shall not be arrested in pursuance of F.I.R. dated 18.1.2019 (registered as Case Crime No. 3 of 2019), u/s 452, 323, 504, 506 I.P.C., P.S. Bhareh, district Etawah, till submission of 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. Order Date :- 28.2.2019 Jaideep/-