Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 24384 of 2018 Petitioner :- Than Singh And 5 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Punya Sheel Pandey Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Copy of the medical examination report of the injured has been produced by learned counsel for the petitioners today in Court, which is taken on record.
Heard Sri P.S.Pandey, learned counsel for the petitioners,Sri N.K.Verma, 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 13.8.2018, registered as case crime No.1250 of 2018, under Sections 147, 148, 452, 307, 323, 504, 506 I.P.C., P.S. Vrindavan, District Mathura.
Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in the present case with malafide intention. He further submitted that the petitioners and respondent no.3 are the neighbours and only for the purpose to harass the petitioners,the respondent no.3 has lodged the impugned FIR against the petitioners. The allegation levelled against the petitioners is absolutely false, frivolous and baseless. No offence is made out against the petitioners, hence, FIR is liable to be quashed.
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.
(Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.) Order Date :- 5.9.2018/NS