Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 2391 of 2019 Petitioner :- Ajit Kumar And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajesh Kumar Tiwari Counsel for Respondent :- G.A.,Rampyare Lal Srivastava,Subhash Chandra Srivastava Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri R.K.Tiwari, learned counsel for the petitioners, Sri R.P. Lal Srivastava, learned counsel for the caveator, Sri A.R.Chaurasia, 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 by the petitioners with a prayer to quash the F.I.R. dated 2.11.2018, registered as case crime No.454 of 2018, under Sections 323, 366, 376, 507 I.P.C., Police Station Sarailakshi, District Mau.
Learned counsel for the petitioners submits that the impugned F.I.R. has been challenged by co-accused persons before this Court in Crl. Misc. Writ Petition No.33263 of 2018, in which interim protection was granted to them by Coordinate Bench of this Court vide order dated 20.11.2018, copy of which has been annexed at page-54 of the present petition, hence the petitioners are also entitled for the same relief.
Learned counsel for the caveator as well as learned A.G.A. opposed the prayer for quashing but could not dispute the aforesaid fact as argued by learned counsel for the petitioners and submitted that the caveator has also filed a Crl. Misc. Writ Petition No.37027 of 2018 for fair investigation, which has been disposed of by Coordinate Bench of this Court vide order dated 18.1.2018 with direction to expedite the investigation of the case.
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 :- 29.1.2019/NS