Court No. - 2
Case :- CRIMINAL MISC. WRIT PETITION No. - 16724 of 2019 Petitioner :- Shivraj Singh And 5 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sushil Kumar Pandey Counsel for Respondent :- G.A.
Hon'ble Dinesh Kumar Singh-I,J. Hon'ble Pradeep Kumar Srivastava,J.
Heard Sri Sushil Kumar Pandey, learned counsel for the petitioners, Sri H.M.B. Sinha, 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 26.5.2019 registered as case crime no.102 of 2019 under sections 147, 148, 149, 323, 307, 504, 506 I.P.C., police station Refinery, District Mathura.
It is argued by the learned counsel for the petitioners that the petitioners have been falsely implicated in this case. He 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-11 of the present petition.
Learned A.G.A. opposed the prayer for quashing the FIR 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.
(Pradeep Kumar Srivastava,J.) (Dinesh Kumar Singh-I, J.) Order Date :- 14.6.2019 AU