Court No. - 41
Case :- CRIMINAL MISC. WRIT PETITION No. - 5117 of 2018 Petitioner :- Sant Ram @ Bharat Singh And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajeshwar Prasad Yadav Counsel for Respondent :- G.A.
Hon'ble Rajesh Dayal Khare,J. Hon'ble Rajiv Gupta,J.
Heard learned counsel for the petitioners and learned A. G. A. for the State.
This writ petition has been filed by the petitioners with a prayer to quash the F. I. R. dated 09.12.2017 which has been registered as Case Crime No. 536 of 2017, under Sections-323, 452, 326A IPC, police station Khekra, district Baghpat so far it relates to the petitioners.
Learned counsel for the petitioners contends that it is a cross case in which both sides have received injuries and the incident took place at the spur of the moment and at this stage it cannot be said as to who was the aggressor. He further submitted that apart from the bald allegations made in the F. I. R., which is a bundle of lies and product of malice, no credible evidence is forthcoming, even prima facie, indicating that any such incident had taken place, hence the impugned F. I. R. is liable to be quashed.
Per contra, learned A. G. A. submitted that from the perusal of the impugned F. I. R. it cannot be said that no cognizable offence is made out, hence the impugned F. I. R. is not liable to be quashed.
From the perusal of the F.I.R. it appears that on the basis of the allegations made therein prima facie cognizable offence is made out hence, there is no scope for interfering with the impugned F. I. R.
Therefore, the prayer for quashing the impugned F. I. R. is refused.
However, considering the submissions advanced by learned counsel for the petitioners and nature of allegations made in the F. I. R., it is directed that the petitioners shall not be arrested in the aforementioned case till submission of police report under Section 173 (2) or till credible evidence is collected, whichever is earlier.
With the aforesaid directions, this writ petition is disposed of finally.
Order Date :- 27.2.2018 faraz