Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 26402 of 2018 Petitioner :- Savej And 03 Others Respondent :- State Of U.P. And 03 Others Counsel for Petitioner :- Mohit Kumar Counsel for Respondent :- G.A.,Syed Ali Imam
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Santosh Kumar Kesarwani holding brief of Sri Mohit Kumar, learned counsel for the petitioners, Sri S.A. Imam, learned counsel for the respondent no. 4, Sri N.K. Tiwari, 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 1.8.2018 registered as case crime no. 163 of 2018 under sections 323, 325, 504, 506, 308 I.P.C., police station Jaracha, District Gautam Budh Nagar.
Learned counsel for the petitioners submits that the petitioners are said to have assaulted the injured but as per the medical report which has been produced by learned counsel for respondent no. 4 it appears that no internal damage was cause to them, hence the present F.I.R. is liable to be quashed by this Court.
Copy of the medical examination report of the injured has been produced by learned counsel for the respondent no. 4 which is taken on record.
Learned counsel for the respondent no. 4 and learned A.G.A. opposed the prayer for quashing 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.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 24.9.2018 Shiraz