Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 10390 of 2018 Petitioner :- Kiran Yadav And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Aditya Kumar Yadav,Mrityunjay Dwivedi Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri A.K. Yadav, learned counsel for the petitioners, Sri G.P. Singh, 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 petitioner with a prayer to quash the F.I.R. dated 11.2.2017 registered as case crime no. 422 of 2017 under sections 147, 148, 323, 504, 506, 308, 427, 436, 304 I.P.C., police station Badlapur, District Jaunpur.
Learned counsel for the petitioners submits that in the marriage ceremony, the real brother of petitioner no. 1 died on account of receiving gun shot injury in celebration firing. Thereafter some incident has taken place in which the mother of respondent no. 4 died for which present F.I.R. has been lodged against petitioner no. 1 and her father. He submits that in the F.I.R. which was lodged from the side of the petitioner for the death of brother of petitioner no. 1, respondent no. 4 has already got himself bailed out, hence the present F.I.R. is liable to be quashed by this Court.
Learned A.G.A. opposed the prayer for quashing.
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 :- 24.4.2018 Shiraz