Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16683 of 2019 Petitioner :- Dinesh Giri @ Dinesh Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Jyoti Giri,Rang Raj Giri Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Ms. Jyoti Giri, learned counsel for the petitioner, Sri Irshad Hussain, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
This petition has been filed by the petitioner with a prayer to quash the FIR dated 30.4.2019, registered as Case Crime No.39 of 2019, under Sections 147, 323, 354, 504, 506 I.P.C., Police Station Sureri, District Jaunpur.
Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case with malafide intention. He further submitted that the impugned F.I.R. has been challenged by co-accused persons before this Court in Crl. Misc. Writ Petition No.12757 of 2019 in which interim protection has been granted to them by Coordinate Bench of this Court vide order dated 13.5.2019, copy of which is annexed at pages-39 & 40 of the writ petition, hence the petitioner is also entitled for the same relief.
Learned A.G.A. opposed the prayer for quashing of the F.I.R.but could not dispute the aforesaid fact as argued by learned counsel for the petitioner.
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.
(Vivek Varma,J.) (Ramesh Sinha, J.) Order Date :- 14.6.2019/NS