Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 1687 of 2019 Petitioner :- Vinod Yadav And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Bishram Tiwari Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Shri Bishram Tiwari, learned counsel for petitioners and and learned A.G.A. for State of Uttar Pradesh.
This writ petition has been filed for quashing the F.I.R. dated 06.01.2019 registered as Case Crime No. 7/2019, under Section 307/34 I.P.C., Police Station- Bhatpar Rani, District- Deoria.
In the F.I.R. in substance the allegation has been made that when police party raided on 06.01.2019 at 23:50 hrs. at Bishanpura Dhale then in one bollero vehicle, 60 cartons of crazy romeo whisky and 2880 bottles manufactured by Patiyala Punjab, two country made pistol (315 bore) and two live cartridges were recovered on the spot. Two person namely Meghnath Yadav and Sappan Majhi were arrested and two person were able to fled away from the spot taking advantage of darkness. The arrest person disclosed the name of other person as Vinod Yadav and Chandu Yadav the petitioners.The arrest person open fired upon police party but there is no cause of injury to anyone.
Counsel for the petitioners submits that apart from the statement of co-accused, there is no material against the petitioners to prove their involvement in the aforesaid case.
In view of the fact of present case writ petition is disposed of with the direction that petitioners shall not be arrested in Case Crime No. 7/2019, under Section 307/34 I.P.C., Police Station- Bhatpar Rani, District- Deoria till the submission of report by Investigating Officer under Section 173(2) Cr.P.C.
Order Date :- 22.1.2019 Sharad/-