Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 22768 of 2018 Petitioner :- Muslim Noor Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vikas Rana Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Supplementary medical report of injured Pinki Saini has been produced by learned counsel for the petitioner which is taken on record.
Heard Sri Vikas Rana, learned counsel for the petitioner, Sri G.P. Singh, 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 21.7.2018 registered as case crime no. 297 of 2018 under sections 147, 148, 452, 307, 323, 506 I.P.C., police station Kila, District Bareilly.
Learned counsel for the petitioner submits that co-accused Sheetal is having some matrimonial dispute with her husband, namely, Dheeraj Kumar and they wanted to oust her from her matrimonial home in which the petitioner had interfered on account of which present F.I.R. has been lodged against the petitioner and co-accused Sheetal by respondent no. 4, who happens to be the nephew of Dheeraj Kumar. Moreover, as per the medical report, the injuries received by the injured are simple in nature and as per the supplementary medical report of injured Pinki Saini, no bony injury was seen on her person, hence the present F.I.R. 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 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 :- 21.8.2018 Shiraz