Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 25784 of 2018 Petitioner :- Jitendra Pathak And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anand Kumar Tiwari Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard learned counsel for the petitioners, Sri Irshad Hussain, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the F.I.R. dated 03.07.2018 registered as case crime no.316 of 2018 under sections 147, 149, 452, 323, 504, 506, 354 IPC, Police station Chaubeypur, District Varanasi.
Learned counsel for the petitioners submit that it is a case of no injury, the said fact is mentioned in para 6 of the petition.
Learned A.G.A. disputed the averment of the said paragraph and stated that in the FIR itself, it is apparent that the victim has sustained injury as she was also getting treatment in the hospital.
Considering the submissions advanced by learned counsel for the petitioners and the nature of allegations, it is directed that the petitioners shall not be arrested in the above mentioned case till submission of the police report under section 173(2) Cr.P.C. but they shall co-operate with the investigation of the case.
However, in view of the submissions advanced by the learned AGA, if there appears to be any medical examination of the injured, the order granting interim relief to the petitioners shall stand discharged.
Copy of this order shall be placed before the S.S.P., Varanasi who shall also verify whether it is a case of injury or not.
With the above direction this petition is finally disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 17.9.2018/Madhurima