Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 20313 of 2018 Petitioner :- Jiwa Lal And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anand Pati Tiwari Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri A.P. Tiwari, learned counsel for the petitioners, Sri Deepak Mishra, 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 petitioners with a prayer to quash the FIR dated 1.6.2018, registered as case crime No.236 of 2018, under Sections 353, 504, 506 I.P.C., P.S. Bidhuna, District Auraiya.
Learned counsel for the petitioners submits that the petitioner no.1 is an Ex-Army man and petitioner no.2 is a bright student and they have been falsely implicated in the present case with malafide intention. He further submits that it is a case of no injury, the said fact has been mentioned in paragraph no.8 of the writ petition. The allegations levelled against the petitioners are absolutely false, frivolous and baseless. No offence is made out against the petitioners, hence, FIR is liable to be quashed by this Court.
Learned A.G.A.opposed the prayer for quashing of the FIR.
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 :- 30.7.2018/NS