Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 25779 of 2018 Petitioner :- Dhanushdhari Singh And Another Respondent :- State Of U.P. And 02 Others Counsel for Petitioner :- Sushil Kumar Rao,Om Prakash Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Om Prakash Singh, learned counsel for the petitioners, 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 petitioners with a prayer to quash the F.I.R. dated 22.08.2018 registered as case crime no.140 of 2018 under sections 147, 323, 394, 504, 342, 506 I.P.C., 3(1)X SC/ST Act and 7/13 Prevention of Corruption Act, Police station Shivrajpur, District Kanpur Nagar.
Learned counsel for the petitioners submits that the impugned F.I.R. has been challenged by co-accused persons before this Court in Crl. Misc. Writ Petition No.24236 of 2018 in which interim protection was granted to him vide order dated 4.09.2018, hence, the petitioners are also entitled for the same relief.
Copy of the aforesaid order has been annexed at page 22 as Annexure No.3.
Learned A.G.A. opposed the prayer for quashing but could not dispute the aforesaid fact as argued by learned counsel for the petitioners.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that petitioners shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but they 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 :- 17.9.2018 Madhurima