Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 19869 of 2018 Petitioner :- Aakash Sonkar And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ajay Kumar Pandey Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri A.K. Pandey, learned counsel for the petitioners, Sri N.K. Verma, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed with the prayer to quash the F.I.R. dated 25.6.2018, registered as Case Crime No.601 of 2018, u/s 147, 323, 504, 506, 354 IPC and 3/4 POCSO Act, P.S. Cantt. District Varanasi.
Learned counsel for the petitioners submits that the petitioner has lodged an FIR against the relatives of respondent no.3 as Case Crime No.606 of 2018 u/s 147, 323, 504, 506, 352 IPC and 3(2)(v) SC/ST Act on 26.6.2018, hence present FIR has been lodged against the petitioners by the respondent no.3. The main allegation has been levelled against co- accused Abhay Sonkar. The injuries sustained by the injured are simple in nature.
Learned A.G.A. opposed the prayer for quashing of the FIR.
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 shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
The case of the petitioners is distinguishable from the case of co-accused Abhay Sonkar.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 25.7.2018 Gaurav