Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Anil Kumar, learned counsel for the petitioner, Sri N.K.Verma, 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 2.4.2018, registered as case crime No.158 of 2018, under Sections 147, 148, 149, 353, 307, 435, 427, 352, 341, 120-B I.P.C. and 7 Crl. Law Amendment Act, Police Station Civil Lines, District Meerut.
Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case. He further submits that the petitioner is well qualified having degree of M.Phil P.H.D. and at present he is working as Associate Professor at Meerut College, Meerut.He further submits that for the similar incident, another FIR was registered against the petitioner which was challenged by him before this Court by means of filing Crl. Misc. Writ Petition No.13229 of 2018 in which his arrest has been stayed by this Court on 22.5.2018 and this is the second FIR against the petitioner for the same incident. He further submits that co-accused, namely, Dr. Harvinder has already challenged the FIR of the present case by means of filing Crl. Misc. Writ Petition No.12963 of 2018, in which his arrest has been stayed by this Court vide order dated 21.5.2018, copy of which is annexed as Annexure-8 (at page-37) to the writ petition, hence, the petitioner is also entitled for the same relief.
Learned A.G.A.opposed the prayer for quashing of the FIR.
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.
(Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.) Order Date :- 28.5.2018/NS