Sushil Sharma And 3 Others vs State Of U.P. And 2 Others
2017 Latest Caselaw 4363 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 18768 of 2017
 
Petitioner :- Sushil Sharma And 3 Others
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Shams Uz Zaman
 
Counsel for Respondent :- G.A.
 
Hon'ble Ramesh Sinha,J.

Hon'ble Aniruddha Singh,J.

Heard Sri M.K.Pandey holding brief of Sri Shams Uz Zaman, 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 30.8.2017 registered as Case Crime No.756 of 2017, under sections 452, 323, 504, 506 I.P.C., Police Station-Baghpat, District Baghpat.

Learned counsel for the petitioners submits that  there are cross reports of the incident and both the cases were of no injury case. So far as the present case is concerned, in para-11 of the writ petition it has been categorically stated that it is a case of no injury and none has received any injury from the side of the prosecution.

Learned A.G.A. opposed the prayer for quashing of the FIR and pointed pointed out that as per the FIR there appears to be some injuries received by the injured from the prosecution side.

Taking into account the averments made in paragraph no.11 of the writ petition, 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