Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 19877 of 2018 Petitioner :- Chhbar Singh Cain Advocate @ Jhabbar Singh And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anil Kumar Ojha Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri A.K. Ojha, 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 3.4.2018, registered as Case Crime No.361 of 2018, u/s 147, 148, 341, 186, 188, 353, 427 IPC and 3 Prevention of Public Property (Damages Act, 1984) and 7 Criminal Law (Amendment) Act, 1932, P.S. Loni, Ghaziabad (Amendment) Act, 1932.
Learned counsel for the petitioners 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.13112 of 2018 in which interim protection has been granted in their favour by coordinate Bench of this Court on 22.5.2018, 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.
Copy of the order granting interim protection in favour of co-accused persons supplied by learned counsel for the petitioners 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 :- 25.7.2018 Gaurav