Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 20467 of 2018 Petitioner :- Prem Shanker Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mukesh Kumar Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Mukesh Kumar, learned counsel for the petitioner, 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 16.4.2018 registered as case crime no.0280 of 2018 under sections 147, 452, 323, 324, 325, 506 I.P.C., police station Fatehgarh Kotwali, District Farrukkhabad.
Learned counsel for the petitioner submits that in the FIR itself it has been mentioned that though the victim has sustained injury but the medical examination of the injured was not conducted.
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.It is made clear that if the medical examination was found conducted, the interim protection shall automatically be discharged.
With the above direction this petition is finally disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 31.7.2018 AU