Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 34146 of 2018 Petitioner :- Shahzad And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Syed Ali Imam Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Sanjay Kumar Singh,J.
Heard Sri Syed Ali Imam, learned counsel for the petitioners, 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 11.09.2018 registered as case crime no.995 of 2018 under sections 147, 148, 149, 323, 307 I.P.C. and section 7 Criminal Law Amendment Act, police station Massorie, District Ghaziabad.
Learned counsel for the petitioners submits that though the F.I.R. of the present case was registered under section 307 I.P.C. but it is a case of no injury, the said fact has been mentioned in para-4 of the present petition.
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.
Order Date :- 27.11.2018 AK Pandey