Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 26515 of 2018 Petitioner :- Ram Das And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Dhirendra Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri D.K. Srivastava, learned counsel for the petitioners, Sri A.R. Chaurasia, 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 with the prayer to quash the F.I.R. dated 20.7.2018, registered as Case Crime No.232 of 2018, u/s 323, 504, 506, 308 IPC, P.S. Chandauli, district Chandauli.
Learned counsel for the petitioners submits that there are cross reports of the incident and both sides have received injury. The FIR lodged from the side of petitioners against the respondent no.3 was challenged by him in Criminal Misc. Writ Petition No.22737 of 2018 in which his arrest has been stayed by this Court vide order dated 21.8.2018, copy of the said order is annexed on page 32 of the present petition. He further submits that as per X-Ray report of the injured, no abnormality was detected.
Learned A.G.A. opposed the prayer for quashing but could not dispute the aforesaid fact as argued by learned counsel for the petitioners.
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 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 Gaurav