Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 20305 of 2018 Petitioner :- Sarita And 11 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Arvind Kumar Srivastava,Bhaju Ram Pprasad Sharma Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri A.K.Srivastava, learned counsel for the petitioners,Sri Deepak Mishra, 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 15.7.2018, registered as case crime No.281 of 2018, under Sections 147, 148, 455, 323, 352, 504, 506, 427, 308 I.P.C.,P.S. Farenda, District Maharajganj.
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 submitted that the impugned FIR has been lodged by respondent no.4 as a counter-blast to the FIR which was lodged from the side of the petitioners against respondent no.4. He next argued that though the case has been registered under Section 308 I.P.C., but it is a case of no injury as there appears to be no medical examination report of the injured, the said fact has been mentioned in paragraph no.20 of the writ petition.The allegations levelled against the petitioners are absolutely false, frivolous and baseless. No offence is made out against the petitioners, hence, FIR is liable to be quashed by this Court.
Learned A.G.A.opposed the prayer for quashing of the FIR.
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.
It is made clear that if there is any medical examination report of the injured, the present order granting interim protection to the petitioners shall automatically stand discharged.
(Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.) Order Date :- 30.7.2018/NS