Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 37322 of 2018 Petitioner :- Ram Babu Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Munesh Kumar Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Munesh Kumar for the petitioner and AGA for State.
The writ petition has been filed for quashing the FIR dated 6.5.2017 registered as Case Crime No. 0073 of 2017, under Section 147, 148, 149, 332, 353, 336, 427, 307 IPC and Section 7 of Criminal Law Amendment Act, P.S. Arniya, Distt. Bulandshahar.
In the FIR the allegation has been made that on 6.5.2017 Naib Tehsildar along with other Revenue Officers and police party went to village Dashahri for giving possession over the land. Then Rajan, Ram Sahai and 40-50 persons of the village attacked upon police party as well as Revenue Inspector in which Constable Shaitan Singh received stone injury.
The counsel for the petitioner submits that the petitioner was not named in the FIR. Age of the petitioner is 69 years and it is not expected for him to involve in stone pelting over the police party.
In the facts of the case, the writ petition is disposed of with direction that petitioners shall not be arrested in pursuance of FIR dated 6.5.2017 registered as Case Crime No. 0073 of 2017, under Section 147, 148, 149, 332, 353, 336, 427, 307 IPC and Section 7 of Criminal Law Amendment Act, P.S. Arniya, Distt. Bulandshahar, till submission of police report under Section 173 (2) Cr P C.
Order Date :- 20.12.2018 Rahul /-