Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 23951 of 2018 Petitioner :- Manish Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Nanhe Lal Tripathi Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Nanhe Lal Tripathi, learned counsel for the petitioner, Sri N.K. Verma, 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 29.07.2018 registered as case crime no.0553 of 2018 under sections 147, 148, 149, 307, 506 I.P.C., police station Dadri, District Gautambudh Nagar.
Learned counsel for the petitioner submits that though the F.I.R. of the present case was registered under section 307 I.P.C. but it is a case of no injury, the said fact has been mentioned in para-5 of the present petition. The co-accused persons have challenged the impugned FIR by means of a Crl. Misc. Writ Petition No.21989 of 2018 (Virendra and 4 others vs. State of U.P. and 3 others) before this Court and this Court has granted relief to them by an order dated 13.08.2018, copy of the same has been produced which is taken on record, hence the petitioner is also entitled for the same relief.
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 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 :- 30.8.2018 AU