Court No. - 2
Case :- CRIMINAL MISC. WRIT PETITION No. - 16053 of 2019 Petitioner :- Quasim And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sunil Kumar Counsel for Respondent :- G.A.,Irshad Ahmad
Hon'ble Dinesh Kumar Singh-I,J. Hon'ble Pradeep Kumar Srivastava,J.
List has been revised. No one has appeared on behalf of the respondent no. 3 to press the petition.
Heard Sri Sunil Kumar, learned counsel for the petitioners, Sri Vinod 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 06.05.2019 registered as case crime no. 133 of 2019, under sections 147, 323, 504, 506, 342, 364, 511 I.P.C., police station- Chandausi, District- Sambhal.
Learned counsel for the petitioners has submitted that the accused- appellants have been falsely implicated in the present case. He further submitted that an affidavit has been filed by informant respondent no. 3 before the District and Sessions Judge stating therein that while he was returning from Chandausi by his swift car and when he reached at Sambhal Chandusi crossing a heated argument had taken place on overtaking of Scorpio car. He further submitted that when informant came back home, at the instance of some persons he had lodged FIR. Learned counsel for the petitioners has submitted that no such serious occurrence as has been mentioned in the FIR had occurred.
Learned A.G.A. opposed the prayer for quashing the FIR.
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. provided they shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
Order Date :- 10.6.2019 Bhanu (Pradeep Kumar Srivastava, J.) (Dinesh Kumar Singh-I, J.)