Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 1527 of 2019 Petitioner :- Sanjay Kumar Saroj And 14 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anoop Trivedi,Mohd. Rashid Siddiqui,Vibhu Rai Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioners, learned A.G.A. for the State-respondent nos.1 and 2, and perused the record.
The instant petition seeks quashing of the FIR dated 27.11.2018 registered as Case Crime No.197 of 2018, under Sections 147, 148, 336, 337, 341 and 353 I.P.C. and Section 7 of Criminal Law Amendment Act, Police Station Sharira, District Kaushambi.
The allegation in the FIR is against large mass of persons to the effect that they were protesting and throwing bricks, etc.
The contention of learned counsel for the petitioners is that few persons have been malafidely named in the FIR and several others have not been named. It has been submitted that there is no specific allegation against the petitioners of causing any specific injury to any one.
Be that as it may, considering the fact that the FIR does discloses commission of cognizable offences, no case for quashing of the FIR is made out.
However, keeping in mind that a very large number of persons have been implicated, we deem it appropriate to dispose off this petition by providing that investigation may continue, but subject to their co-operation in the investigation, the petitioners shall not be arrested in the aforesaid case till submission of police report under Section 173 (2) Cr.P.C.
The petition stands disposed off. Order Date :- 22.1.2019 Ajeet