Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 24435 of 2018 Petitioner :- Srinivas Mishra And 04 Others Respondent :- State Of U.P. And 02 Others Counsel for Petitioner :- Seema Pandey,Vivek Shukla Counsel for Respondent :- G.A.,Jitendra Shanker Pandey
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Ms. Seema Pandey, learned counsel for the petitioners, Jitendra Shanker Pandey, learned counsel for the caveator, 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 08.08.2018 registered as case crime no.0128 of 2018 under sections 147, 148, 149, 323, 336, 506, 34 I.P.C. and section 3(2)(v) SC/ST Act, police station Maniyar, District Ballia.
Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case.
Learned A.G.A. as well as learned counsel for the caveator opposed the prayer for quashing. Learned counsel for the caveator has submitted that three persons have received injuries.
Considering the submissions advanced by learned counsel for the parties, nature of the allegations and from perusal of the injury memo, it appears that the injuries are simple in nature, 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 :- 5.9.2018 AU