Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 7475 of 2018 Petitioner :- Ramveer And Anr.
Respondent :- State Of U.P. And 3 Ors.
Counsel for Petitioner :- Nagendra Kumar Singh Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Heard Sri N.K.Singh, learned counsel for the petitioners, Sri R.K.Mishra, 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 23.2.2018 registered as Case Crime No.32 of 2018, under Section 306 I.P.C., Police Station Islam Nagar, District Budaun.
Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in the present case with malafide intention due to village partibandi. He further submits that the deceased died a natural death and as per the post mortem report cause of death of the deceased is myocardial ischemia, i.e., heart attach, the said fact has been mentioned in paragraph no.10 of the writ petition. The allegation levelled against the petitioners is absolutely false, frivolous and baseless. No offence is made out against the petitioners, hence, the FIR is liable to be quashed.
Learned A.G.A. opposed the prayer for quashing of the FIR, 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 they shall co-operate with the investigation of the case.
With the above direction, this petition is finally disposed of.
(Krishna Pratap Singh, J.) (Ramesh Sinha, J.)
Order Date :- 28.3.2018/NS