Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 26555 of 2018 Petitioner :- Rakesh Pandey Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- P.K. Upadhyay,Vikram Yadav Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri P.K. Ypadhyay, learned counsel for the petitioner, Sri N.K. Verma, 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 02.09.2018 registered as case crime no.0279 of 2018 under sections 307, 392, 504 IPC, police station Chandauli, District Chandauli.
Learned counsel for the petitioners submits that though the F.I.R. of the present case was registered under section 307 I.P.C. but it is a case of no injury, the said fact has been mentioned in para-18 of the present petition.
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 petitioner shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but he 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 :- 24.9.2018 AU