Allahabad High Court
Zakir And 41 Others vs State Of U.P. And 2 Others on 21 May, 2018
Author: Ramesh Sinha
Bench: Ramesh Sinha
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 1 Case :- CRIMINAL MISC. WRIT PETITION No. - 13002 of 2018 Petitioner :- Zakir And 41 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashish Goyal Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Ashish Goyal, 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 16.4.2018, registered as case crime No.335 of 2018, under Sections 147, 148, 149, 307, 504, 506 I.P.C., Police Station Achhnera, District Agra.
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.6 of the writ petition. 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 by this Court.
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 :- 21.5.2018/NS