Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 2552 of 2019 Petitioner :- Fatima And 6 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Adesh Kumar,Lav Kumar Dubey Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Sri Adesh Kumar learned counsel for the petitioners, prays to withdraw this petition in so far as it relates to petitioner nos. 4, 5, 6 and 7 namely; Firoz; Rizwan; Shail @ Suhail and Nasir are concerned.
In view of the above the petition is dismissed as withdrawn so far as petitioner nos. 4, 5, 6 and 7 as aforesaid case are concerned.
Heard learned counsel for the remaining petitioners; learned A.G.A. for the respondents no. 1, 2 and 3; and perused the record.
The instant petition seeks quashing of the F.I.R., dated 28.12.2018 registered as Case Crime No. 484 of 2018, under Sections 147, 148, 149, 307, 186, 323, 332, 336, 353, 504 and 506 I.P.C., Police Station Saroorpur, District Meerut.
In respect of petitioner nos. 1, 2 and 3, namely, Fatima; Khushnuma and Gulfasha, it has been submitted that they are house hold ladies and have been falsely implicated by alleging that they were throwing brick-bats at the police party along with several other villagers.
Considering the nature of allegations against petitioners no. 1, 2 and 3, without expressing any opinion on the merits of the allegations as also the defence, this petition is disposed off by providing that in so far as petitioners no. 1, 2 and 3, namely, Fatima; Khushnuma and Gulfasha are concerned, investigation shall continue and be brought to its logical conclusion but, subject to their cooperation in the investigation, they shall not be arrested in the aforesaid case till submission of police report under Section 173(2) Cr.P.C.
Order Date :- 31.1.2019 Md Faisal