Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 22714 of 2018 Petitioner :- Haji Irshad And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Irshad Ahmad Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Irshad Ahmad, learned counsel for the petitioners, Sri N.K.Verma, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the FIR dated 11.6.2018, registered as case crime No.315 of 2018, under sections 147, 148, 149, 452, 307, 336, 504, 506 I.P.C., P.S. Sambhal, District Bheem Nagar/Sambhal.
Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in the present case. He further submits that initially the FIR was registered for the offence under Sections 147, 148, 149, 452, 307, 336, 504, 506 I.P.C., but during the course of remand, the offence under Section 307 I.P.C. was removed and offence under Section 323 I.P.C. was added by the Investigating Officer. He next argued that the present FIR has been lodged by respondent no.3 as a counter-blast to the FIR which was lodged from the side of petitioners against Rizwan, Sultan, Furkan, Shahzad, Shahnawaz, Shane Alam on 11.6.2018. The injuries sustained by the husband of respondent no.3 are simple in nature. No offence is made out against the petitioners, hence, FIR is liable to be quashed.
Learned A.G.A.opposed the prayer for quashing of the FIR.
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 :- 21.8.2018/NS