Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 14051 of 2018 Petitioner :- Rama Shankar And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Purushottam Dixit Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Purushottam Dixit, learned counsel for the petitioners, Sri G.P. Singh, learned AGA 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 5.11.2015 registered as Case Crime No.85 of 2018, u/s 323, 325, 506 IPC and 3(1)-D of SC/ST Act, P.S Vaidpura, district Etawah (Kasganj).
Learned counsel for the petitioners submits that earlier an incident has taken place between the parties in the year 2016 in which the petitioner has already obtained bail and taking into account the said injury, Section 325 IPC has been added, the said fact is mentioned in para no.5 of the present petition. It is a case of no injury. The present FIR has been lodged on the basis of application moved u/s 156(3) Cr.P.C. with malafide intention.
Learned A.G.A. opposed the prayer for quashing of the FIR.
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 :- 29.5.2018 Gaurav