Court No. - 2
Case :- CRIMINAL MISC. WRIT PETITION No. - 16721 of 2019 Petitioner :- Nandu Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ashish Bajpayee Counsel for Respondent :- G.A.
Hon'ble Dinesh Kumar Singh-I,J. Hon'ble Pradeep Kumar Srivastava,J.
Heard Sri Ashish Bajpayee, learned counsel for the petitioner, Sri Vimal Kumar Pandey, 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 21.05.2019, registered as Case Crime No. 150 of 2019, under Sections 436, 506 I.P.C., Police Station Kotwali Dehat, District Mirzapur.
Learned counsel for the petitioner submits that the first information report in this case has been got lodged after a considerable delay of about 23 days without any justification. He further submits that the petitioner has been falsely implicated in the present case. The sole allegation as made in the first information report against the petitioner is of causing injuries by stones and bricks, which is absolutely vague. The petitioner is innocent, hence the first information report lodged against him 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 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.
(Pradeep Kumar Srivastava, J.) (Dinesh Kumar Singh-I, J.) Order Date :- 14.6.2019 sailesh