Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 20059 of 2018 Petitioner :- Deepak Kumar @ Deepu Sahani Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Manoj Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Manoj Kumar Mishra, 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 by the petitioner with a prayer to quash the F.I.R. dated 24.06.2018 registered as case crime no.602 of 2018 under sections 147, 149, 323, 504, 506, 427, 452, 395 I.P.C., police station Lanka, District Varanasi.
Learned counsel for the petitioner submits that the co- accused persons have challenged the impugned FIR by means of a Crl. Misc. Writ Petition No.18224 of 2018 (Ritesh Kumar and another vs. State of U.P. and 2 others) before this Court and this Court has granted relief by an order dated 11.6.2018, copy of the same is on record at page 20, hence the petitioner is also entitled for the same relief.
Learned A.G.A. opposed the prayer for quashing.
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 he 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 :- 26.7.2018 AU