Allahabad High Court
Vivek And 9 Others vs State Of U.P. And 3 Others on 27 May, 2024
Author: Siddharth
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:95354-DB Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 7984 of 2024 Petitioner :- Vivek And 9 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Nanhe Lal Tripathi Counsel for Respondent :- G.A.,Neha Rani,Satyvendra Singh Yadav Hon'ble Siddharth,J.
Hon'ble Prashant Kumar,J.
1. Heard learned counsel for the petitioners; Sri Satyvendra Singh Yadav, learned counsel for the respondent and learned A.G.A. for the State respondents.
2. The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 24.04.2024, registered as Case Crime No.248 of 2024 under Section 147, 323, 504, 325, 506, 354 and 308 I.P.C., Police Station Dhanghata, District-Sant Kabir Nagar, and for a direction to the respondents not to arrest the petitioners in pursuance of impugned First Information Report.
3. No counter affidavit has been filed by counsel for the informant in this case.
4. On 16.05.2024 the following interim order passed by this court is quoted hereinbelow :-
"Contention is that the petitioners initially filed an F.I.R. in respect of incident of 13th of March, 2024 in which several persons have have sustained injuries. It is after this that the impugned F.I.R. has been lodged in which allegations are made with regard to injury being caused to the informant's side. Learned counsel for the petitioners submits that there is no injury report on record and the F.I.R. is malicious.
Learned A.G.A. prays for and is allowed a week's time to obtain instructions in the matter.
Put up as fresh before appropriate Court once again on 27.05.2024.
Subject to petitioners' cooperating in the investigation, no coercive action shall be taken against them pursuant to impugned F.I.R. registered in Case Crime No.248 of 2024 under Section 147, 323, 504, 325, 506, 354 and 308 I.P.C., Police Station Dhanghata, District-Sant Kabir Nagar, till then. "
5. Petition is disposed of directing that till cognizance is taken on police report under Section 173(2) Cr.P.C., by the court the respondents shall not arrest the petitioners pursuant to the First Information Report dated 24.04.2024, registered as Case Crime No.248 of 2024 under Section 147, 323, 504, 325, 506, 354 and 308 I.P.C., Police Station Dhanghata, District-Sant Kabir Nagar, subject to cooperation in ongoing investigation.
Order Date :- 27.5.2024 Rohit (Prashant Kumar,J.) (Siddharth,J.)