Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 34539 of 2018 Petitioner :- Rahul Yadav Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajiv Kumar Tripathi Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Shri Rajiv Kumar Tripathi, learned counsel for petitioner and learned A.G.A. for State of Uttar Pradesh.
This writ petition has been filed for quashing the F.I.R. dated 01.11.2018 registered as Case Crime No. 319 of 2018, under Sections 307, 504 and 506 I.P.C., Police Station- Kotwali Konch, District- Jalaun.
A perusal of F.I.R. shows that in substance the allegation has been made that Rahul, Shivam and Raju came to the house of informant on 31.10.2018 at 9:00 p.m. Rahul attacked on informant with country made pistol. At that time, informant closed the door and as such no injury was caused to any one.
Counsel for the petitioner submits that F.I.R. has bee lodged on false allegations. On the day of incident, some altercation has been taken place in respect of parking of motorcycle between the informant and petitioner.
In view of the fact of the case, this writ petition is disposed of with the direction that petitioner shall not be arrested in Case Crime No. 319 of 2018, under Sections 307, 504 and 506 I.P.C., Police Station- Kotwali Konch, District- Jalaun till the submission of report by Investigating Officer under Section 173(2) Cr.P.C.
Order Date :- 30.11.2018 Sharad/-