Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 25666 of 2018 Petitioner :- Raseer Pramukh And 7 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Brijesh Sahai,Mohd. Ibrar Khan Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Brijesh Sahai, learned counsel for the petitioners, Sri G.P. Singh, 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 25.8.2018, registered as Case Crime No.101 of 2018, u/s 147, 148, 149, 120-B, 452, 323, 504, 506 and 307 IPC, P.S. Dildarnagar, district Ghazipur.
Learned counsel for the petitioners submits that petitioners are said to have assaulted the sole injured with kicks and fists. The injury sustained by the injured are simple in nature and injury no.7 has been kept under observation. Even if the prosecution case is taken on it's own face value, the case would not travel beyond Section 325 IPC which is bailable one.
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 :- 17.9.2018 Gaurav