Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 20649 of 2018 Petitioner :- Mustfa And 6 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Diwan Saifullah Khan,Abhishek Ankur Chaurasia Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard learned counsel for the petitioners, 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 petitioners with a prayer to quash the F.I.R. dated 16.07.2018 registered as case crime no. 250 of 2018, under Sections 147, 148, 149, 307, 308, 452 I.P.C., Police Station Chilkana, District Saharanpur.
Learned counsel for the petitioners submits that no damage has been caused to the victim and the injury would not travel beyond Section 307 I.P.C. It has been further contended that the petitioners are innocent and the present FIR has been lodged with a malafide intention for the purpose of harassment, 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 the nature of allegations, it is directed that the petitioners shall not be arrested in the above mentioned case till submission of police report under section 173(2) Cr.P.C. but they 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 :- 31.7.2018 S.K.