Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 20345 of 2018 Petitioner :- Uma Shankar Yadav And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sanjay Tiwari,Manvendra Narain Pathak Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Sanjay Tiwari, learned counsel for the petitioners, Sri Prabhash Pandey, 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 with the prayer to quash the F.I.R. dated 19.7.2018, registered as Case Crime No.249 of 2018, u/s 394, 506 IPC, P.S. Ekdil, district Etawah.
Learned counsel for the petitioners submits that the petitioner no.1 is the cousin brother-in- law of respondent no.4. There was some matrimonial dispute going on between the cousin sister of respondent no.4 and petitioner no.1 on account of which present FIR has been lodged against the petitioners by the respondent no.4. He further submits that it is a case of no injury, the said fact is mentioned in para no.23 of the present petition.
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. subject to the condition that if there is any injury report of the victim, this order shall not be given effect to and the interim order in favour of the petitioners shall automatically stand discharged.
With the above direction this petition is finally disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 30.7.2018 Gaurav