Allowed

Israr and 3 Others v. State of U.P. and 3 Others

Allahabad HC1 Oct 2018CRLP/27358/2018

Case brief

AI extract

What is this about?

Criminal Writ Petition filed to quash an F.I.R. alleging settled dispute with injuries sustained. Court declined to quash but directed continued investigation without arrest of petitioners until submission of police report under Section 173(2) Cr.P.C., conditioned on full cooperation.

What did the court decide?

FIR not quashed; investigation to continue without arrest of petitioners until police report under Section 173(2) Cr.P.C. is submitted, subject to their full cooperation.

Israr and 3 Others Vs State of U.P. and 3 Others — Quashing and FIR | Allahabad HC (2018)

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Court No. - 4

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Case :- CRIMINAL MISC. WRIT PETITION No. - 27358 of 2018

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Petitioner :- Israr And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Padmaker Pandey Counsel for Respondent :- G.A.

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Hon'ble Bala Krishna Narayana,J. Hon'ble Naheed Ara Moonis,J.

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Sri S.K. Srivastava has filed Vakalatnama on behalf of respondent no. 4 today in the Court is kept on record.

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Heard learned counsel for the petitioners, learned A.G.A. for the State, Sri S.K. Srivastava, learned counsel appearing on behalf of respondent no. 4 and perused the impugned F.I.R. as well as material brought on record.

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This writ petition has been filed by the petitioners with a prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. dated 19.8.2018 registered as Case Crime No. 557 of 2018 under Sections 452, 394, 323, 324, 504, 506 I.P.C., Police Station Kotwali Dehat, District Saharanpur.

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Learned counsel for the petitioners submitted that although the victim has sustained injury but the dispute has been settled between the parties outside the Court. This fact has not been denied by the learned counsel for the respondent no. 4.

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Per contra learned A.G.A. submitted that from the perusal of the impugned FIR and on the basis of the allegation made therein, it cannot be said that no cognizable offence is disclosed against the petitioners.

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After having heard learned counsel for the parties present and perused the impugned FIR, we are not inclined to quash the same.

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However, considering the peculiar facts and circumstances of the case, we direct that investigation of the aforesaid case shall go on but the petitioners shall not be arrested till the submission of police report under section 173(2) Cr.P.C. subject to their extending full co-operation during investigation.

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With the aforesaid direction, this petition is finally disposed of.

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Order Date :- 1.10.2018 SA

Israr and 3 Others v. State of U.P. and 3 Others

Case brief

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Israr and 3 Others v. State of U.P. and 3 Others

Case brief

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