Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 7939 of 2018 Petitioner :- Sanjay Yadav And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Aalok Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Heard Sri A.K.Srivastava, learned counsel for the petitioners, Sri Vikas Sahai, 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 14.3.2018 registered as Case Crime No.64 of 2018, under Sections 147, 148, 323, 363, 342, 307, 504, 506, 120-B I.P.C. , Police Station Gauri Bazar, District Deoria.
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 the impugned FIR has been lodged after six days of the incident but there is no explanation for the delay in lodging the FIR. It is a case of no injury, the said fact has been mentioned in paragraph no.5 of the writ petition. No offence is made out against the petitioners, hence, the FIR is liable to be quashed.
Learned A.G.A.opposed the prayer for quashing of the FIR, but could not dispute the aforesaid fact as argued by learned counsel for the petitioners.
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.
(Krishna Pratap Singh, J.) (Ramesh Sinha, J.) Order Date :- 30.3.2018/NS