Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 24366 of 2018 Petitioner :- Wasim And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Amit Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri A.K.Srivastava,learned counsel for the petitioners, Sri Irshad Hussain, 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 21.7.2018, registered as case crime No.168 of 2018, under Sections 323, 324, 504, 506 I.P.C., P.S. Naugawan Sadar, District Jyotibaphule Nagar.
Learned counsel for the petitioner submits that the petitioners are innocent and have been falsely implicated in the present case with malafide intention. He further submitted that petitioners have also lodged a complaint against the family members of respondent no.4 and others in which the petitioners sustained injuries, on account of which just as a pressure tactics the impugned FIR has been lodged by respondent no.4 against the petitioner to compromise in the said complaint. He next argued that the allegation levelled against the petitioners are 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