Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 37364 of 2018 Petitioner :- Bablu Ram Alias Manjit Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ramakant Singh Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Rajendra Kumar-IV,J.
Heard learned counsel for the petitioner and the learned A.G.A.
This writ petition has been filed by the petitioner to issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 28.9.2018 registered as Case Crime No.257 of 2018, under sections 109, 114, 116, 117, 147, 148, 149, 307, 332, 333, 334, 335, 336, 337, 338, 341, 342, 353, 436, 452, 504 I.P.C and Section 7 Criminal Law Amendment Act, 2013 and under Section 4 & 5 Prevention of Public Property Act, 1984, P.S. Haldharpur, District Mau.
Learned counsel for the petitioner has claimed parity with the order dated 02.11.2018 passed by this Court in Criminal Misc. Writ Petition No. 31819 of 2018 which is not disputed by the learned AGA.
After having heard learned counsel for the parties and perusing the impugned F.I.R, we are not inclined to quash the same.
However, considering the peculiar facts and circumstances of the case, we direct that investigation of the aforesaid case shall go on but the petitioner shall not be arrested till the submission of police report under Section 173(2) Cr.P.C, subject to their extending full co-operation during investigation.
With the aforesaid direction, this petition is finally disposed of. Order Date :- 19.12.2018/Neeraj