Court No. - 36
Case :- CRIMINAL MISC. WRIT PETITION No. - 17277 of 2019 Petitioner :- Jagmohan @ Sushil And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sunil Kumar Singh,Ajay Vikram Yadav Counsel for Respondent :- G.A.
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Rohit Ranjan Agarwal,J.
The petitioners are seeking a relief for quashing of the first information report dated 21.5.2019 lodged against them under Section 323, 452, 504 I.P.C. in Case Crime No.74 of 2019, police station Linepar, District Firozabad.
The allegations in the first information report are of assault on the complainant and his wife by lathi and iron rod.
The submission of learned Counsel for the petitioners is that the allegations in the first information report are not supported by the injury reports of the complainant and his wife. The first information report has been lodged on the false and concocted story. No offence is made out against the petitioners from a bare perusal of the injury reports.
The matter requires consideration.
Learned AGA has accepted notice on behalf of respondent nos.1 & 2.
Let a notice be issued to the respondent no.3 returnable at an early date.
Steps be taken within one week by registered post A.D. List on the date fixed in the notice.
By the next date fixed, all the respondents may file counter affidavit.
Till the next date of listing or till submission of the police report under Section 173 (2) Cr.P.C., whichever is earlier, the petitioners shall not be arrested pursuant to the FIR dated 21.5.2019 lodged against them under Section 323, 452, 504 I.P.C. in Case Crime No.74 of 2019, police station Linepar, District Firozabad.
Order Date :- 24.6.2019 S. Singh