Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 38009 of 2018 Petitioner :- Manoj And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Chandra Kumar Rai Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J.
Heard Sri C.K. Rai, learned counsel for the petitioners, Sri Prabhash Pandey, learned A.G.A. for the State and impugned F.I.R. as well as material brought on record.
This writ petition has been filed by the petitioners for quashing the impugned FIR dated 11.10.2018 registered as case crime no. 225 of 2018 under sections 323, 504, 308I.P.C., police station Sidhari, District Azamgarh.
It has been submitted by the learned counsel for the petitioners that there are cross reports of the incident in which both sides have received injuries.
Per contra learned AGA for the State submitted that the impugned FIR is not liable to be quashed on the basis of the submissions advanced by the learned counsel for the petitioners.
After having heard learned counsel for the parties present and perused the impugned FIR as well as the other material brought on record, we dispose of this writ petition with the following directions:
(i) Investigation of the aforesaid case shall go on but taking into account that petitioner no. 4 is a lady, she shall not be arrested in the aforesaid case till the submission of police report under Section 173(2) Cr.P.C., subject to their cooperation during investigation.
(ii) As far as the petitioner nos. 1, 2 and 3 are concerned, the petition stand dismissed.
With this direction, this petition is finally disposed of.
(Raj Beer Singh, J.) (Ramesh Sinha, J.) Order Date :- 21.12.2018 Shiraz