Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 1710 of 2019 Petitioner :- Nazim And 6 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Irfanul Huda,Mohd. Iqbal Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Irfanul Huda, learned counsel for the petitioners and learned A. G. A. for the State of U.P.
This writ petition has been filed by the petitioners with a prayer to quash the F.I.R. dated 07.01.2019, registered as Case Crime No.8 of 2019 under Sections 147, 148, 149, 307, 506, 427 I.P.C., P. S.-Budhana, District-Muzaffar Nagar.
In the F.I.R. in substance, it has been stated that the informant has dues of Rs. 6,000/- upon Nazim when the informant has demanded his money then Nazim told that he would give money later on but he came after 10 minutes along with father and brothers and they began to assault the informant with Lathi Danda, Iron Rod, Pistol and sharp edged weapons and his brother. When the constable Vipin came to pacify the matter then Nazim opened fire but it could not cause any injury to anyone.The learned counsel for the petitioners submits that all the injuries are simple in nature. This was a normal dispute in relation to money transaction, the false allegation has been made in the F.I.R In view of the fact of the present case writ petition is disposed of with the direction that the petitioners shall not be arrested in Case Crime No.8 of 2019 under Sections 147, 148, 149, 307, 506, 427 I.P.C., P. S.-Budhana, District-Muzaffar Nagar till the submission of police report under Section 173(2) Cr.P.C.
Order Date :- 22.1.2019 Rahul.