Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 10366 of 2018 Petitioner :- Ram Tyagi And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pankaj Bharti Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Pankaj Bharti, learned counsel for the petitioners, Sri N.K. Verma, 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 10.4.2018, registered as Case Crime No.134 of 2018, u/s 323, 304 IPC and 3(2)(v) SC/ST Act, P.S. Noorpur, district Bijnor.
Learned counsel for the petitioners submits that allegations levelled in the FIR against the petitioners is that some poisonous substance was administered to the deceased in the liquor which he consumed and died. As per post-mortem report of the deceased, the deceased died on account of heart attack. The real fact is that the wife of petitioner no.1 contested the election against the rival candidate and at the instance of the said rival candidate, present FIR has been lodged against the petitioners by the respondent no.3.
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 :- 24.4.2018 Gaurav