Nasir And 4 Others vs State Of U.P. And 2 Others
2018 Latest Caselaw 513 ALL

Citation : 2018 Latest Caselaw 513 ALL
Judgement Date : 14 May, 2018

Allahabad High Court

Nasir And 4 Others vs State Of U.P. And 2 Others on 14 May, 2018

Bench: Ramesh Sinha, Dinesh Kumar Singh-I




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 12284 of 2018
 
Petitioner :- Nasir And 4 Others
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Upendra Kumar Pushkar
 
Counsel for Respondent :- G.A.
 
Hon'ble Ramesh Sinha,J.

Hon'ble Dinesh Kumar Singh-I,J.

Heard Sri U.K.Pushkar, learned counsel for the petitioners, Sri Prabhash Pandey, 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 17.4.2018, registered as case crime No.182 of 2018, under Sections 147, 148, 149, 307, 336, 341, 332, 353, 427 I.P.C. and 7 Crl. Law Amendment Act, P.S. Atrauli, District Aligarh.

Learned counsel for the petitioners submits that the petitioners are the uncle of the deceased Smt. Neha and also Nana of the children of Smt. Neha who died in the incident and they have been falsely implicated in the present with collusion of inimical person of the area. He further submits that at the time of incident several persons stopped the road, hurdling against the administration and started throwing brick-bats in which one Constable received injuries. 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, 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.

(Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.)

Order Date :- 14.5.2018/NS