Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 25416 of 2018 Petitioner :- Ashma And 02 Others Respondent :- State Of U.P. And 02 Others Counsel for Petitioner :- Ajay Kumar Jagdish Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri A.K. Jagdish, learned counsel for the petitioners, Sri Pawan Shukla, 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 22.8.2018, registered as Case Crime No.171 of 2018, u/s 147, 148, 149, 323, 504, 506, 336, 436, 427 IPC and 7 Crl.
Law Amendment Act, P.S. Fatehpur, district Saharanpur.
Learned counsel for the petitioners submits that though the FIR has been registered u/s 307 IPC but the same has been dropped during the investigation. The co-accused persons of the present case have earlier approached this court for quashing of the FIR by filing Criminal Misc. Writ Petition No.23941 of 2018 in which interim protection has been granted in their favour by this Court on 30.8.2018, 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 petitioners.
Copy of the bail granting order to co-accused persons 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 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 :- 13.9.2018 Gaurav