Court No. - 2
Case :- CRIMINAL MISC. WRIT PETITION No. - 16058 of 2019 Petitioner :- Raja Singh And Another Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Akhilesh Singh,Shivam Yadav Counsel for Respondent :- G.A.,Alok Ranjan Tripathi
Hon'ble Dinesh Kumar Singh-I,J. Hon'ble Pradeep Kumar Srivastava,J.
Since Shri Alok Ranjan Tripathi, Advocate is appearing on behalf of the respondent no. 4, there is no need to issue notice to respondent no. 4.
Heard Sri Shivam Yadav, learned counsel for the petitioners, Sri Om Prakash Mishra, 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 13.05.2019 registered as case crime no. 0253 of 2019, under sections 452, 323, 504, 506, 352, 342 I.P.C. and section 3(1)(DHA) of SC/ST Act, police station- Akbarpur, District Rama Bai Nagar.
It has been argued by Shri Shivam Yadav, learned counsel for the petitioners that earlier the respondent no. 4 had moved a complaint which was registered as complaint case no. 123 of 2017 and the same was dismissed vide order dated 28.05.2018 by the learned trial court, copy of which is annexed at page no. 35 to 37, thereafter the present case has been lodged and both the cases has been slapped against the accused-appellant. He further submitted that it is no injury case, however, the same has been disputed by the petitioners, the injury memo of Nagendra, Rinku and Smt. Krishna Gautam indicates that no serious injury has been caused by them.
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.)