Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 26552 of 2018 Petitioner :- Dr. Ali Mohammad And Another Respondent :- State Of U.P. And 02 Others Counsel for Petitioner :- Girja Shanker Sen,Krishna Dutt Awasthi Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri K.D. Awasthi, learned counsel for the petitioners, Sri Irshad Husain, learned Brief Holder 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 25.7.2018 registered as case crime no.409 of 2018 under sections 376D, 313, 504, 506, 420, 406 I.P.C., police station Collector Buckganj, District Bareilly.
Learned counsel for the petitioners submits that the respondent no. 3 happens to be the wife of co-accused Rizwan who was arrested. The petitioner no. 1 happens to be the real brother of co-accused Rizwan while the petitioner no. 2 happens to be a friend.
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 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 :- 24.9.2018 AU