Allahabad High Court High Court

Satendra Jain & Others vs State Of U.P. & Others on 30 June, 2010

Allahabad High Court
Satendra Jain & Others vs State Of U.P. & Others on 30 June, 2010
Court No. - 37

Case :- CRIMINAL MISC. WRIT PETITION No. - 11429 of 2010

Petitioner :- Satendra Jain & Others
Respondent :- State Of U.P. & Others
Petitioner Counsel :- Amit Daga
Respondent Counsel :- Govt. Advocate

Hon'ble Ashok Bhushan,J.

Hon’ble Yogesh Chandra Gupta,J.

Heard, learned counsel for the petitioners and learned Additional
Government Advocate for the State.

No notice is issued to the respondent no. 4 in view of the order
which is being passed. Liberty is reserved to the respondent for
variation/modification of the order if he feels aggrieved.

By this petition, petitioners have prayed for quashing the F.I.R.
dated 16/6/2010 in Case Crime No. 1240 of 2010, under Sections
323, 504, 506, 392 I.P.C., P.S. Kotwali City, District-Muzaffar
Nagar.

Be that as it may, a perusal of the F.I.R. indicates prima-facie
commission of offence and we are satisfied that no good ground
has been made out for quashing the F.I.R. However, looking to the
facts of the present case, and on the submissions made by the
learned counsel for the petitioners, we provide that till the
submission of the report by the police under Section 173 (2)
Cr.P.C. the petitioners shall not be arrested in pursuance of the
F.I.R. dated 16/6/2010 in Case Crime No. 1240 of 2010, under
Sections 323, 504, 506, 392 I.P.C., P.S. Kotwali City, District-
Muzaffar Nagar.

With the aforesaid observation writ petition stands disposed of.

Order Date :- 30.6.2010
Akv