Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 37556 of 2018 Petitioner :- Gulab Singh Yadav @ Chhotu And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Virendra Singh Patel Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard counsel for the petitioner and AGA for State.
The writ petition has been filed for quashing the FIR dated 26.10.2018 registered as Case Crime No. 0565 of 2018, under Sections 332, 353, 323, 504 and 506 IPC, P.S. Nawabad, Distt. Jhansi.
In the FIR in substance the allegation has been made that on 26.10.2017 at 17:30 hours, the informant was engaged in discharging his duty then the Swift vehicle registered as UP 93 AN 2861 was parked in the middle of the road. When the informant asked to park the vehicle at the side of the road then three persons sitting on the vehicle came out and assaulted the informant.
The counsel for the petitioners submits that in the FIR no person was named. The name of the petitioners came in the light during investigation.
In the facts of the case, the writ petition is disposed of with direction that petitioners shall not be arrested in pursuance of FIR dated 26.10.2018 registered as Case Crime No. 0565 of 2018, under Sections 332, 353, 323, 504 and 506 IPC, P.S. Nawabad, Distt. Jhansi, till submission of police report under Section 173 (2) Cr P C.
Order Date :- 20.12.2018 Rahul /-