Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 26609 of 2018 Petitioner :- Rohit And 05 Others Respondent :- State Of U.P. And 03 Others Counsel for Petitioner :- Niraj Kumar Tripathi Counsel for Respondent :- G.A.,Harish Chandra
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Niraj Kumar Tripathi, learned counsel for the petitioners, Sri Harish Chandra, learned counsel for the caveator, learned A.G.A. for the State and impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the FIR dated 06.09.2018 registered as case crime no. 607 of 2018 under sections 147, 148, 149, 452, 323, 307, 447, 506 I.P.C., police station Hasanpur, District Amroha.
It has been submitted by the learned counsel for the caveator that petitioner no.2 has a long criminal history of eight cases and the same has not been disclosed by the said petitioner in the petition.
Learned counsel for the petitioners has provided copy of medical examination report which shows that the injuries sustained by the injured are simple in nature. The said report is taken on record.
Per contra, learned AGA for the State submitted that the impugned FIR is not liable to be quashed on the basis of the submissions advanced by the learned counsel for the petitioners.
After having heard learned counsel for the parties present and perused the impugned FIR as well as the other material brought on record, we dispose of this writ petition with the following directions:
(i) Investigation of the aforesaid case shall go on but petitioner nos.1, 3, 4, 5, and 6 shall not be arrested in the aforesaid case till submission of police report under Section 173(2) Cr.P.C., subject to their cooperation during investigation.
(ii) As far as petitioner no. 2 is concerned, the petition stand dismissed.
With this direction, this petition is finally disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 24.9.2018/Madhurima