Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 25502 of 2018 Petitioner :- Ram Nagina And 05 Others Respondent :- State Of U.P. And 02 Others Counsel for Petitioner :- Anil Kumar Tiwari Counsel for Respondent :- G.A.,R S Dubey,Savita Mishra
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Sri R. S. Dubey, learned counsel for caveator has produced the copy of the medical examination report, is taken on record.
Heard Sri Anil Kumar Tiwari, learned counsel for the petitioners, Sri R. S. Dubey, learned counsel for the caveator/respondent no.3, Sri Gaurav Pratap Singh, learned brief holder appearing for the State and perused the impugned FIR as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the FIR dated 19.07.2018, registered as case crime No.206 of 2018, under Sections 147, 148, 149, 332, 353, 392, 186, 336, 504, 506, IPC, Police Station Gauri Bazar, District DeJaunpur.
Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in the present case with malafide intention.
Learned counsel for the caveator as well as learned A.G.A. opposed the prayer for quashing of the F.I.R. which discloses cognizable offence.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations as well as perusal of medical examination report of the injured, it appears that the injuries are simple in nature, hence 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 :- 13.9.2018/VKG