Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 13942 of 2018 Petitioner :- Sonu And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rama Shankar Mishra Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri R.S. Mishra, 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 by the petitioner with a prayer to quash the F.I.R. dated 15.5.2018 registered as case crime no. 383 of 2018 under sections 307, 323 I.P.C., police station Dadari, District Gautam Budh Nagar.
Learned counsel for the petitioners submits that though it is alleged that firing took place but no fire arm injury was received by the injured. Thereafter general allegation has been levelled against all the petitioners that they have assaulted the injured by Fawda but from a perusal of the medical report it appears that the injured has not received any injury of Fawda, 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 :- 29.5.2018 Shiraz