Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 14323 of 2018 Petitioner :- Mohd. Shahid Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ramkinkar Upadhyay Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Ramkinker Upadhyay, learned counsel for the petitioner, Sri N.K. Verma, learned A.G.A. appearing for the State and perused the impugned F.I.R. as well as material brought on record.
The relief sought in this petition is for quashing of the F.I.R. dated 25.3.2018 registered as case crime 178 of 2018 under sections 286, 427, 307 I.P.C., police station Jhunsi, District Allahabad.
Learned counsel for the petitioner submits that initially the F.I.R. of the present case was lodged for the offence under sections 286, 427 I.P.C. and subsequently the same was converted under section 307 I.P.C. though it is a case of no injury, hence the same is liable to be quashed.
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 petitioners 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.
Learned counsel for the petitioner is permitted to make necessary correction in the present petition.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 30.5.2018 Shiraz