Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 25701 of 2018 Petitioner :- Shivam @ Abhishek And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Bashishth Narayan Upadhyay Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Bashishth Narayan Upadhyay, learned counsel for the petitioners, Sri G. P. 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 with the prayer to quash the F.I.R. dated 28.08.2018 registered as Case Crime No. 0372 of 2018, under Sections 323, 394, 504, 506 I.P.C. and Section 3(2)(V) Scheduled Case and Scheduled Tribe (Prevention of Atrocities) Act 1989 (as amended 2015) against the petitioners, Police Station Maharajpur, District Kanpur Nagar.
Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in the present case. He further submitted that there are cross reports of the incident. He further submits that the incident has taken place on account of playing cricket. The N.C.R. has been lodged from the side of the petitioner against the son of the respondent no.3 as Case Crime No. 204 of 2018, under Sections 323, 504, 506 I.P.C. The allegations levelled against the petitioners are absolutely false, frivolous and baseless, hence present FIR lodged against the petitioner be quashed.
Learned A.G.A. opposed the prayer for quashing of the F.I.R. and pointed out that nasal bone of the injured has been fractured.
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 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 the respondent no.4 approaches this Court for interim relief, then he shall also be entitled for the same relief.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 17.9.2018 Ashok Gupta