Vinod And 6 Others vs State Of U.P. And 2 Others
2017 Latest Caselaw 4361 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 18721 of 2017
 
Petitioner :- Vinod And 6 Others
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Lalit Kumar Shukla
 
Counsel for Respondent :- G.A.
 
Hon'ble Ramesh Sinha,J.

Hon'ble Aniruddha Singh,J.

Heard Sri L.K.Shukla, learned counsel for the petitioners, Sri P.S.Yadav, 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 16.8.2017 registered as Case Crime No.397 of 2017, under sections 147, 148, 149, 323, 307, 504, 506 I.P.C., Police Station Farah, District Mathura. 

Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in the present case. He further submits that though the case is registered under Section 307 I.P.C. etc. but it is a case of no injury. The said fact has been mentioned in paragraph no.10 of the writ petition. From perusal of the FIR, no offence is made out against the petitioners.

Learned A.G.A. opposed the prayer for quashing of the FIR, 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.

(Aniruddha Singh, J.)     (Ramesh Sinha, J.)

Order Date :- 13.9.2017

NS