Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 10805 of 2018 Petitioner :- Dr. Harvinder Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sunil Vashisth Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Dharmendra Singhal holding brief of Sri Sunil Vashisth, 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 2.4.2018 registered as case crime no. 159 of 2018 under sections 147, 148, 149, 323, 353, 336, 435, 307, 395, 504, 120-B, 427 I.P.C., 7 C.L.A. Act and 3/4 Prevention of Damage to Public Property Act, police station Civil Lines, District Meerut.
Learned counsel for the petitioner submits that the petitioner is a doctor having degree of M.B.B.S. and M.S. His wife of Gynaecologist in district Meerut. He submits that though the name of the petitioner has been arrayed as accused in the F.I.R. but in the body of the F.I.R. there is no allegation against him, hence the same is liable to be quashed by this Court.
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 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.
The case of the petitioner is distinguishable from other co-accused persons.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 27.4.2018 Shiraz