Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 14294 of 2018 Petitioner :- Anil Bauddh And 12 Others Respondent :- State Of U.P. And Another Counsel for Petitioner :- Manoj Kumar Tripathi,Vinod Kumar Tirpathi Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri M.K. Tripathi, 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 2.4.2018, registered as Case Crime No.216 of 2018, u/s 147, 148, 307, 332, 353, 427, 186, 342, 336 IPC and 7 Crl.
Law Amendment Act, 1934 and 2/3 Prevention of Damages to Public Property Act, P.S. Modinagar, district Ghaziabad.
Learned counsel for the petitioner submits that co-accused persons of the present case have earlier approached this court for quashing of the FIR by filing Criminal Misc. Writ Petition No. 12181 of 2018 in which interim protection has been granted in their favour by coordinate Bench of this Court on 14.5.2018, hence the petitioners are also entitled for the same relief, copy of the same is annexed on page 28 of the present petition.
Learned A.G.A. opposed the prayer for quashing but could not dispute the aforesaid fact as argued by learned counsel for the petitioners.
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.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 30.5.2018 Gaurav