Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 14522 of 2018 Petitioner :- Tattu Khan @ Nazim @ Nadeem And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anil Kumar Ojha Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Vivek Tripathi holding brief of Sri A.K. Ojha, learned counsel for the petitioner, 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 petitioner with a prayer to quash the F.I.R. dated 23.2..2018 registered as case crime no. 117 of 2018 under sections 147, 148, 149, 323, 307, 504, 506 I.P.C., police station Modi Nagar, District Ghaziabad.
Learned counsel for the petitioners submits that an F.I.R. was also lodged from the side of the petitioners against respondent no. 4 and others. He submits the injured in the case which was lodged from the side of the petitioners has received gun shot injury whereas the present case is a no injury case, the said fact has been mentioned in para-16 of the present petiton, hence the same 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 :- 31.5.2018 Shiraz