Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16443 of 2019 Petitioner :- Ram Singh Kushwaha And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ray Sahab Yadav Counsel for Respondent :- G.A.,Rakesh Kumar Shukla
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Supplementary affidavit filed today in Court, is taken on record.
Heard Sri Ray Sahab Yadav, learned counsel for the petitioners, Sri Rakesh Kumar Shukla, learned counsel for the caveator, Mrs. Archana Singh, learned A.G.A. 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 24.5.2019, registered as Case Crime No.218 of 2019, under Sections 147, 341, 323, 504, 506, 386 I.P.C. and 3(2) (v) SC/ST Act, P.S. Sipri Bazar, District Jhansi.
Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in the present case with malafide intention. He further submitted that both sides have received injuries in the alleged incident. The allegation levelled against the petitioners is absolutely false, frivolous and baseless. No offence is made out against the petitioners, hence, FIR is liable to be quashed.
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, 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.
(Vivek Varma,J.) (Ramesh Sinha, J.) Order Date :- 13.6.2019/NS