Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 25822 of 2018 Petitioner :- Dinesh Kumar Seth Respondent :- State Of U.P. And 02 Others Counsel for Petitioner :- Maohammd Nadeem,Qamrul Hasan Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Mohd. Nadeem, learned counsel for the petitioner, 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 16.1.2017 registered as case crime no.108 of 2018 under sections 406, 420 I.P.C., police station Sector 20 Noida District Gautambudh Nagar.
Learned counsel for the petitioners submits that the co-accused Heba Naseem has challenged the impugned FIR by means of a Crl. Misc. Writ Petition No.23254 of 2017 (Heba Naseem vs. State of U.P and 2 others) before this Court and a Coordinate Bench of this Court has granted relief to him by an order dated 31.10.2017, copy of the same is on page-23, another co-accused Saba Naseem has also challenged the impugned FIR by means of a Crl. Misc. Writ Petition No.20679 of 2017 (Saba Naseem vs. State of U.P. and 2 others) before this Court and a Coordinate Bench of this Court has granted relief to him by an order dated 22.9.2017 copy of the same is on page 24 and the other co-accused Hirdya Shankar @ Hriday Shankar has also challenged the impugned FIR by means of a Crl. Misc. Writ Petition No.23590 of 2017 (Hirdya Shankar @ Hriday Shankar vs. State of U.P. and 2 others) before this Court and this Court has granted relief to him by an order dated 2.11.2017, copy of the same is on page-25, 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 petitioners 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 :- 17.9.2018 AU