Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 2393 of 2019 Petitioner :- Harsh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Raghubir Singh Counsel for Respondent :- G.A.,Ravi Prakash Singh
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Raghubir Singh, learned counsel for the petitioner, Sri R.P.Singh, learned counsel for the caveator, Sri J.P. Tripathi, 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 petitioner with a prayer to quash the FIR dated 3.12.2018, registered as case crime No.831 of 2018, under Sections 323, 307, 452, 427, 506 I.P.C., P.S.Achhanera, District Agra.
Learned counsel for the petitioner submits that the petitioner is a minor boy aged about 12 years and he is a student of class 9th. He further submits that the petitioner is innocent and has been falsely implicated in the present case with malafide intention. He further submitted that the petitioner is stated to have assaulted the injured with danda, the said allegation is absolutely false, frivolous and baseless. No offence is made out against the petitioner, hence, FIR is liable to be quashed.
Learned counsel for the caveator as well as learned A.G.A. opposed the prayer for quashing of the F.I.R. and submitted that the victim has sustained injuries including incised wound on his person.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioner shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but he 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 :- 29.1.2019/NS