Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 24562 of 2018 Petitioner :- Munne And 7 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anand Kumar Mishra,Rajiv Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Anand Kumar Mishra,, learned counsel for the petitioner, Sri Narendra Kumar Tiwari, learned brief holder for the State, 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 02.08.2018, registered as case crime no.0385 of 2018, under sections 147, 148, 149, 307, 336, 504, 506, I.P.C., police station Mundali, District Meerut.
Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in the present case with malafide intention. He further 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 allegation levelled against the petitioners is absolutely false, frivolous and baseless. No offence is made out against the petitioners, hence, FIR is liable to be quashed by this Court.
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.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 5.9.2018/VKG