Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 10398 of 2018 Petitioner :- Rajan Kumar Yadav @ Rajan Yadav And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Tej Bhanu Pandey Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri T.B. Pandey, learned counsel for the petitioners, Sri G.P. Singh, 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 28.1.2018 registered as case crime no. 18 of 2018 under section 325, 308, 452, 323, 504, 506 I.P.C., police station Sarai Khwaja, District Jaunpur.
Learned counsel for the petitioners submits that the petitioners as per the high school certificate are minor. Their father and elder brother, who are also accused in the present case have already got themselves bailed out from the competent court, hence the present F.I.R. against the petitioners is liable to be quashed by this Court.
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 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.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 24.4.2018 Shiraz