Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 26653 of 2018 Petitioner :- Rijwan And 02 Others Respondent :- State Of U.P. And 02 Others Counsel for Petitioner :- Jitendra Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Jitendra Singh, learned counsel for the petitioners, Sri G.P.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 29.7.2018, registered as case crime No.445 of 2018, under Sections 147, 148, 149, 307, 452, 323, 504, 506 I.P.C., P.S. Munda Pandey, District Moradabad.
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 submits that though the F.I.R. of the present case was registered under section 307 I.P.C. but it is a case of no injury, the said fact has been mentioned in paragraph no.8 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, FIR is liable to be quashed by this Court.
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 they 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 :- 25.9.2018/NS