Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 14538 of 2018 Petitioner :- Ram Adhar And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Janardan Yadav Counsel for Respondent :- G.A.,Udai Shankar Chauhan
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Janardan Yadav, learned counsel for the petitioners, Sri U.S. Chauhan, learned counsel for the respondent no. 3, Sri Ankit Prakash, 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 5.5.2018 registered as case crime no. 136 of 2018 under sections 147, 419, 420, 307, 406, 323, 504, 506 I.P.C., police station Jeeyanpur, District Azamgarh.
Learned counsel for the petitioners submits that earlier an F.I.R. was lodged by respondent no. 3 against the petitioners which was challenged by them before this Court in Crl. Misc. Writ Petition No. 11563 of 2018 in which their arrest was stayed by this Court vide order dated 7.5.2018 copy of which has been annexed at page-32 of the present petition and after six months of the incident, present F.I.R. has been lodged by respondent no. 3 with respect to the injury which was examined after six months of the incident, hence the present F.I.R. is liable to be quashed by this Court.
Learned counsel for respondent no. 3 and 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 :- 31.5.2018 Shiraz