Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 20039 of 2018 Petitioner :- Shyam @ Shyam Sundar And 5 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Arvind Prabodh Dubey Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri A.P. Dubey, learned counsel for the petitioners, Sri N.K. Verma, 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 25.5.2018 registered as case crime no. 167 of 2018 under sections 147, 148, 323, 324, 336, 307, 452, 426, 506 I.P.C., police station Gagaha, District Gorakhpur.
Learned counsel for the petitioners submits that there are cross reports of the incident in which both sides have received injuries but the F.I.R. from the side of the petitioners has not been registered by the police. The father of petitioner no. 1, who has also been implicated in the present case, has already got himself bailed out from the competent court. He submits that as per the x-ray report of the injured, no abnormality was detected, 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.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 26.7.2018 Shiraz