Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 20591 of 2018 Petitioner :- Shyama Prasad And 9 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kailash Choudhary Counsel for Respondent :- G.A.,S.P.K. Tripathi
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Sudhir Kumar holding brief of Sri Kailash Choudhary, learned counsel for the petitioners, Sri S.P.K. Tripathi, learned counsel for the respondent no.3 and 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 writ petition has been filed by the petitioners with the prayer to quash the FIR dated 24.5.2018, in case crime no.252 of 2018, u/s 147, 148, 149, 323, 504, 506, 427, 307, 395 IPC, P.S. Badhalganj, district Gorakhpur.
It has been submitted by the learned counsel for the petitioners that one person has lost his life from the side of the petitioners for which respondent party and another persons are facing prosecution u/s 302 IPC. After nine days, present FIR has been lodged. The allegations levelled against the petitioners are false, frivolous and baseless.
Per contra learned AGA as well as learned counsel for the respondent no.3 opposed the prayer for quashing and submitted that from the FIR it appears that the deceased as well as petitioner no.3 have caused injuries to the injured.
After having heard learned counsel for the parties present and perused the impugned FIR as well as the other material brought on record, we dispose of this writ petition with the following directions:
(i) Investigation of the aforesaid case shall go on but the petitioner nos.1, 2 and 4 to 10 shall not be arrested in the aforesaid case till the submission of police report under Section 173(2) Cr.P.C., subject to their cooperation during investigation.
(ii) As far as the petitioner no.3 is concerned, the petition stand dismissed.
With this direction, this petition is finally disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 31.7.2018 Gaurav