Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 24453 of 2018 Petitioner :- Sandeep Sharma And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vidit Narayan Mishra Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri V.N. Mishra, learned counsel for the petitioner, Sri Gambhir 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 by the petitioner with a prayer to quash the F.I.R. dated 20.08.2018 registered as case crime no.1736 of 2018 under sections 323, 452, 324, 504, 332, 353 I.P.C., police station Kavinagar, District Ghaziabad.
Learned counsel for the petitioners 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 para-14of the present petition.
Learned A.G.A. opposed the prayer for quashing.
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.
It is made clear that if any injury is found in the injury report, the interim order shall automatically be discharged.
With the above direction this petition is finally disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 5.9.2018 AU