Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 22913 of 2018 Petitioner :- Arun Pal @ Mulayam Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Balendra Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Balendra Kumar Singh, learned counsel for the petitioner, Sri Deepak Mishra, 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 26.12.2017 registered as Case Crime No. 3906 of 2017, under Sections 344, 376, 506 I.P.C., Police Station Kotwali, District Ghazipur.
Learned counsel for the petitioner submits that co-accused person of the present case has earlier approached this court for quashing of the FIR by filing Criminal Misc. Writ Petition No. 21265 of 2018 in which interim protection has been granted in his favour by this Court on 07.08.2018, hence the petitioner is also entitled for the same relief.
Learned A.G.A. opposed the prayer for quashing but could not dispute the aforesaid fact as argued by learned counsel for the petitioner.
Copy of the order granting interim protection in favour of co-accused person supplied by learned counsel for the petitioner is taken on record.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioner 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 :- 23.8.2018 Ashok Gupta