Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 20310 of 2018 Petitioner :- Sonu Alias Amrendra Singh And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kandarp Srivastava,Devesh Kumar Shukla Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Kandarp Srivastava, learned counsel for the petitioners, Sri Deepak Mishra, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the FIR dated 7.7.2018, registered as case crime No.518 of 2018, under Sections 452, 354B, 323, 504, 506 I.P.C., P.C. Iglas, District Aligarh.
Learned counsel for the petitioners submits that the petitioners and respondent no.3 are closely related to each other and there was some dispute between the parties with respect to medh, on account of which the present FIR has been lodged by respondent no.3 against the petitioners. He further submitted that it is a case of no injury, the said fact has been mentioned in paragraph no.9 of the writ petition. The allegation levelled against the petitioners are absolutely false, frivolous and baseless. No offence is made out against the petitioners, hence, FIR is liable to be quashed by this Court.
Learned A.G.A.opposed the prayer for quashing of the FIR.
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.
It is made clear that if there is any injury report of the injured, the present order granting interim protection to the petitioners shall automatically stand discharged.
(Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.) Order Date :- 30.7.2018/NS