Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 26763 of 2018 Petitioner :- Ashish Srivastava And Another Respondent :- State Of U.P. And 02 Others Counsel for Petitioner :- Syed Imran Ibrahim,Shafaut Husain Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Aashim Lothra holding brief of Sri S.I. Ibrahim, 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 by the petitioners with a prayer to quash the F.I.R. dated 7.4.2017 registered as case crime no. 221 of 2017 under sections 419, 420, 467, 468 I.P.C., police station Civil Lines, District Allahabad.
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. 12037 of 2017and 25942 of 2018 in which interim protection was granted to them vide orders dated 5.7.2017 and 18.9.2018 copies of which have been annexed at pages-30 and 32 of the present petition, hence the petitioners are 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 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 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 :- 25.9.2018 Shiraz