Satenedra Yadav And 4 Others vs State Of U.P. And 3 Others
2018 Latest Caselaw 879 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 13472 of 2018
 
Petitioner :- Satenedra Yadav And 4 Others
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Akhil Ranjan
 
Counsel for Respondent :- G.A.
 
Hon'ble Ramesh Sinha,J.

Hon'ble Dinesh Kumar Singh-I,J.

Heard Sri Akhil Ranjan, learned counsel for the petitioners, Sri N.K.Verma, 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 18.5.2018, registered as case crime No.179 of 2018, under Sections 147, 323, 504, 506, 307 I.P.C., Police Station Chauri Chaura, District Gorakhpur.

Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in the present case with malafide intention. He further submits that no date and time of the incident has been mentioned in the FIR and moreover, the injury sustained by the injured appears to be superficial in nature. The allegations 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 by this Court.

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 :- 24.5.2018/NS