Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 37101 of 2018 Petitioner :- Indrasan Yadav And 15 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ashok Kumar Mishra,Nagendra Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Ashok Kumar Mishra, counsel for the petitioners and A.G.A appearing for the State of U.P.
Writ petition has been filed for quashing the F.I.R. dated 13.11.2018 registered as case crime no. 0155 of 2018 under Sections 147,148,323,504,506,452,427,308 I.P.C., Police Station -Karanda, District Ghazipur.
In the F.I.R., in substance, allegation has been made that on 13.11.2018 at 7.10 AM.,accused persons armed with Lathi,Danda came to the house of the informant. On the exhortation of Indrasan Yadav and Ratan Yadav,Raj Kumar Yadav caused injury of lathi to the informant .Thus, F.I.R., discloses cognizable offence and as such, it is not liable to be quashed.
Counsel for the petitioner submits that incident is said to have taken place on 13.11.2018 at 6.30 am. in which informant and seven other persons assaulted Anil Yadav in which he received serveral injuries and some injuries have been caused to the informant. The petitioners have also lodged F.I.R. dated 13.11.2018 registered as case crime no. 0156 of 2018 against the informant and seven other persons.In order to pressurize the petitioners , the present F.I.R. has been filed on false allegation.
In view of the facts of present case, writ petition is disposed of finally with the direction that the petitioner shall not be arrested in case crime no. 0155 of 2018 under Sections 147,148,323,504,506,452,427,308 I.P.C., Police Station -Karanda, District Ghazipur till submission of police report under Section 173(2) Cr.P.C.
Order Date :- 18.12.2018 aks