Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 34347 of 2018 Petitioner :- Kutbuddin Sekh And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sudeep Dwivedi Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Sudeep Dwivedi for the petitioners and A.G.A. for State of U.P.
This writ petition has been filed for quashing the FIR dated 28.10.2018 (registered as Case Crime No. 181 of 2018), u/s 147, 148, 149, 307, 323, 504, 506 IPC, P.S. Kheta Sarai, district Jaunpur.
A perusal of the FIR shows that on 28.10.2018, Kutubuddin, Shaif, Kaif and Faiz, armed with countrymade pistols, came on the spot and opened fire on Lalji, but it could not cause any injury to him. Thereafter, all of them attacked Sabhajeet, Amarnath and Hirawati, in which, they received severe injuries.
Counsel for the petitioners submits that FIR has been lodged on false allegations. It is alleged that although four persons, armed with countrymade pistols attacked upon the informant and his family members, but there is no gunshot injury to any one of them. The correct fact is that there was a boundary dispute in respect of abadi land and the party of the informant attacked upon Kutubuddin, Sarfuddin and Smt. Yasmin. At the time of the incident, the police was given information on Dial 100 Helpline Number, on which, the police came on the spot and Kutubuddin, Sarfuddin and Smt. Yasmin were taken to Primary Health Centre, Sodhi, from where they were referred to Higher Centre and were admitted to District Hospital, Jaunpur, from where again, they were referred and admitted to Trauma Centre, B.H.U., Varanasi, where Kutubuddin and Sarfuddin remained admitted and on discharge, Smt. Yasmin lodged an FIR (registered as Case Crime No. 0182 of 2018), against Pradeep Yadav and nine other persons. In the impugned FIR, correct facts have not been mentioned.
Since it is cross case and the incident is admitted, as such, at present, the FIR cannot be quashed.
However, in the facts of the case, it is directed that the petitioners shall not be arrested in pursuance of FIR dated 28.10.2018 (registered as Case Crime No. 181 of 2018), u/s 147, 148, 149, 307, 323, 504, 506 IPC, P.S. Kheta Sarai, district Jaunpur, 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.
Order Date :- 29.11.2018 Jaideep/-