Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16469 of 2019 Petitioner :- Satrunjay Kumar Singh And Another Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Vikash Chandra Tiwari Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri V.C. Tyagi, learned counsel for the petitioners, Sri S.K. Singh, 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 20.2.2019 registered as case crime no. 63 of 2019 under section 323, 325, 34, 120-B, 166, 166A, 307, 452, 454, 511, 504, 506 I.P.C., police station Etmadpur, District Agra.
Learned counsel for the petitioners submits that the petitioners are police personnel. The respondent no. 3 was involved in a criminal case on account of which petitioner no. 1 arrested him thereafter he was put behind bars, hence after his release on bail, he lodged the present F.I.R. against the petitioners levelling false and frivolous allegations just to harass them. So far as injury received by respondent no. 3 is concerned, the same is non vital part of the body and not dangerous to life, 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.
(Vivek Varma, J.) (Ramesh Sinha, J.) Order Date :- 13.6.2019 Shiraz