Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 24517 of 2018 Petitioner :- Kripal Singh And 8 Others Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Jai Prakash Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard learned counsel for the petitioners, 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 25.08.2018 registered as case crime no.0654 of 2018 under sections 147, 148, 149, 307, 452, 324, 504, 506 I.P.C., police station Dadari, District Gautam Buddh Nagar.
Learned counsel for the petitioners submit that petitioner no.1 has lodged an FIR against relative of respondent no.4 under section 304 B IPC and the present FIR has been lodged by respondent no.4 just for harassment of petitioner no.1 and his family members. It is further submitted by learned counsel for the petitioners that the injured has sustained injuries on his lips (copy of the injury report is annexed at page 66 of the petition).
Learned A.G.A. opposed the prayer for quashing and submits that as per the injury report, there are other injuries also sustained by the injured including skull injury which is kept under observation.
Considering the submissions advanced by learned counsel for the parties 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.
It is made clear that if there appears to be any internal damage caused to the skull as it appears from the injury report, the order granting interim relief shall stand discharged.
With the above observation, this petition is finally disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 5.9.2018/Madhurima