HUKUM SINGH YADAV Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri L. S. Yadav, and Smt. Reema Srivastava, learned counsel for the petitioners and the learned A.G.A. for the State of U. P.

(2.) THIS petition has been filed by the petitioners Hukum Singh Yadav and Ajeet Yadav with a prayer to quash the F.I.R. of Case Crime No. 962 of 2009 under Sections 302, 120B, I.P.C. and 3 (2) (v) of S.C./S.T. Act and 7 of Criminal Law Amendment Act, P.S. Mardah district Ghazipur and not to arrest the petitioners till the submission of the police report under Section 173 (2), Cr. P.C. in the above mentioned case.

(3.) IN reply to the above contention it is submitted by the learned A.G.A. that in the present case charge-sheet has been submitted against the co-accused Ram Ashrey, Ramesh Yadav and Ram Sakal in which it is clearly mentioned that the names of the petitioners have also come to light with the allegation that they have hatched the conspiracy for which the investigation is pending, at this stage it cannot be said that what type of the evidence available against the petitioners, during the course of investigation credible evidence in respect of the above mentioned allegation may be collected, there is no reasons of false implication of the petitioners, the allegations are prima facie disclosing the commission of murder, the lodging of the F.I.R. is not barred by any law, at this stage it cannot be said that no evidence shall be available to the INvestigating Officer against the petitioner, so far as the issue of juvenile is concerned, it may be decided by the competent court, at the appropriate stage, on this submission neither the F.I.R. may be quashed nor the arrest of the petitioner may be stayed. The present writ petition is devoid of merits, the same may be dismissed.