Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 22744 of 2018 Petitioner :- Dev Kishor And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Narayan Singh(Kushwaha) Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Sri Amit Srivastava has filed vakalatnama on behalf of respondent no. 4 which is taken on record.
Heard Sri Narayan Singh (Kushwaha), learned counsel for the petitioners, Sri Amit Srivastava, learned counsel for the respondent no. 4, 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 petitioner with a prayer to quash the F.I.R. dated 23.2.2018 registered as case crime no. 66 of 2018 under sections 302, 504, 34 I.P.C, police station Mirhachi, District Etah.
The S.S.P./S.P. Etah is directed to file his personal affidavit through learned A.G.A. by the next date fixed explaining under what circumstances the accused, who are four in number, named in the F.I.R. by the informant for committing the murder of the deceased have not been arrested and the police is trying to arrest the petitioners in the present case though the informant has given affidavit that he has no grievance against the petitioners which fact has also been admitted by learned counsel for the respondent no. 4.
List on 10th September, 2018.
Till the next date of listing, the petitioners shall not be arrested in the present case.
Office is directed to issue a certified copy of this order to the learned A.G.A. free of cost for its compliance.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 21.8.2018 Shiraz