Court No. - 2
Case :- CRIMINAL MISC. WRIT PETITION No. - 16720 of 2019 Petitioner :- Raj Kumar And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rakesh Kumar Verma Counsel for Respondent :- G.A.
Hon'ble Dinesh Kumar Singh-I,J. Hon'ble Pradeep Kumar Srivastava,J.
Heard Sri Rakesh Kumar Verma, learned counsel for the petitioners, Sri H.M.B. Sinha, 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 petitioners with a prayer to quash the F.I.R. dated 16.5.2019 registered as case crime no.0225 of 2019 under sections 354, 452, 323, 504, 506 I.P.C., police station Mudhapandey, District Moradabad.
It is argued by the learned counsel for the petitioners that the petitioners are neighbours of the respondent no. 3. FIR has been lodged after five days of the occurrence. The petitioner no. 1 has received injury. It is further argued that the injuries, which are stated in the FIR to have been caused to the father of the informant, are not serious in nature although he could file the injury memo.
Learned A.G.A. opposed the prayer for quashing the FIR but could not dispute the aforesaid fact as argued by learned counsel for the petitioners.
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.
(Pradeep Kumar Srivastava,J.) (Dinesh Kumar Singh-I, J.) Order Date :- 14.6.2019 AU