Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 25500 of 2018 Petitioner :- Komal Tiwari Respondent :- State Of U.P. And 02 Others Counsel for Petitioner :- Vipin Kumar Singh Counsel for Respondent :- G.A.,Ravindra Kumar Yadav
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Vipin Kumar Singh, learned counsel for the petitioner, Sri Gaurav Pratap Singh, learned brief holder appearing for the State and perused the impugned FIR as well as material brought on record. Sri Ravindra Kumar Yadav, learned counsel for the caveator/respondent no.3, is not present though the matter is called out in the revised list.
This petition has been filed by the petitioner with a prayer to quash the FIR dated 08.06.2018, registered as case crime No.117 of 2018, under Sections 354-A, 341, 323, 504, 506, IPC and Section 3(1)(d) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Amendment 2018), Police Station Jalalpur, District Jaunpur.
Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case with malafide intention.
Learned A.G.A. for the State opposed the prayer for quashing of the F.I.R. which discloses cognizable offence.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioner shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but he 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 :- 13.9.2018/VKG