Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 22752 of 2018 Petitioner :- Santosh Kumar And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Dev Raj Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri D.R. Singh, learned counsel for the petitioners, Sri N.K. Verma, 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 petitioners with a prayer to quash the F.I.R. dated 20.7.2018 registered as case crime no. 439 of 2018 under sections 323, 504, 325 I.P.C., police station Saini, District Kaushambi.
Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case by respondent no. 3 levelling false and frivolous allegations just to harass them. The falsity of the case is apparent from the fact that though the injured is a resident of district Kaushambi but he has got his medical examination done at Haryana, hence the present F.I.R. is liable to be quashed by this Court.
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.
With the above direction this petition is finally disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 21.8.2018 Shiraz