Davendra Yadav & Ors. vs State Of U.P. Thru. Prin. Secy. ...
2017 Latest Caselaw 2222 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 9
 
Case :- MISC. BENCH No. - 14155 of 2017
 
Petitioner :- Davendra Yadav & Ors.
 
Respondent :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. & Ors.
 
Counsel for Petitioner :- Anurag.S.'Kaalesh'
 
Counsel for Respondent :- Govt. Advocate
 

 
Hon'ble Ramesh Sinha,J.

Hon'ble Mrs. Rekha Dikshit,J.

Heard Sri Anurag.S.'Kaalesh, learned counsel for the petitioners, Sri S.P. Singh, learned A. G. A. for the State and perused the impugned F.I.R. as well as material brought on record.

This writ petition has been filed by the petitioners with the prayer to quash the F.I.R. dated 4.6.2017 which has been registered as Case Crime No.0317 of 2017, under sections 147, 148, 149, 352, 323, 504, 307, 384, 427 I.P.C, police station Gosaiganj, District Lucknow.

Learned counsel for the petitioners submits that a false F.I.R has been lodged against the petitioners  due to intervention of the father of petitioners. He further submits that in the incident on one sustained injury  and there is no injury report. He further submits that prima facie no offence is  made out against the petitioners.

Learned A.G.A. opposed  the prayer for quashing  but could not dispute the aforesaid fact as argued  by learned counsel for the petitioners.

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.

          ( Rekha Dikshit, J.)      (Ramesh Sinha, J.)

Order Date :- 11.7.2017

GS