Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 37326 of 2018 Petitioner :- Kala @ Nasim Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Narayan Singh(Kushwaha) Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Shri Narayan Singh Kushwaha, learned counsel for petitioner, and learned A.G.A. for State of Uttar Pradesh.
This writ petition has been filed for quashing the F.I.R. dated 13.09.2018 registered as Case Crime No. 528 of 2018, under Section 307 I.P.C., Police Station- Titavi, District- Muzaffar Nagar.
In the F.I.R. in substance the allegation has been made that in the night of 13.09.2018, police party raided at field Baghra. On seeing the police party, accused fired upon police party but no injury was caused to any one of the police party. There is no recovery of any weapon from the spot.
Learned counsel for the petitioner contended that no offence against the petitioner is disclosed. Present case has been filed with a mala fide intention for the purposes of harassment. He further contended that the entire allegations made against the petitioner are false and fabricated. The petitioner is innocent and he has not committed any offence.
In view of the fact that this writ petition is disposed of with the direction that petitioners shall not be arrested Case Crime No. 528 of 2018, under Section 307 I.P.C., Police Station- Titavi, District- Muzaffar Nagar till the submission of report by Investigating Officer under Section 173(2) Cr.P.C.
Order Date :- 19.12.2018 Sharad/-