Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 20084 of 2018 Petitioner :- Pankaj @ Roshan Tiwari And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sudhanshu Pandey Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Anshumal Pandey, Advocate holding brief of Sri Sudhanshu Pandey, learned counsel for the petitioners, Sri N.K. Verma, 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 23.3.2018 registered as case crime no.12 of 2018 under sections 323, 324, 504, 506, 452, 427 I.P.C., police station Pakdi, District Ballia.
Learned counsel for the petitioners submits that from the side of the petitioners, an FIR was also lodged against the respondent no. 3 as Case Crime No.11 of 2018 for the offence under section 324, 323, 452, 504, 506 IPC. He states that the petitioners have received injuries. Petitioner no.1 is a student of Graduation IInd year, petitioner no. 2 is the student of LL.B IInd year and petitioner no. 3 happens to be father of petitioner nos. 1 and 2.
It is made clear that if the respondent no. 3 against whom FIR has been lodged as Case Crime No.11 of 2018 challenges the same, he shall also be entitled for the same relief.
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 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 :- 26.7.2018 AU