Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 22833 of 2018 Petitioner :- Jay Pal @ J.T. And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ravi Shankar Tripathi Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Ravi Shankar Tripathi, learned counsel for the petitioners, Sri Prabhash Pandey, learned Brief HOlder for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioner with a prayer to quash the F.I.R. dated 26.4.2018 registered as case crime no.300 of 2018 under sections 323, 325, 504 I.P.C., police station Kotwali, District Bareilly.
Learned counsel for the petitioners submits that the petitioner no. 1 is husband of respondent no. 4 and it is stated that the medical examination report shows only abrasion. He further states that the medical examination report appears to be suspicion one and he has made a complaint in this regard to District Magistrate, Bareilly for verifying the genuineness of the medical report of respondent no.4.
Learned A.G.A. opposed the prayer for quashing. He pointed out that the victim has sustained injury on her person. She has been referred to ENT Surgeon as she has lost hearing.
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 AU