Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 38047 of 2018 Petitioner :- Ganga Charan And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Yatish Kumar Dwivedi Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J.
Heard Sri Yatish Kumar Dwivedi, learned counsel for the petitioners, Sri J.P. Tripathi, 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 19.11.2018 registered as case crime no. 0252 of 2018 under sections 379, 411, 279, 336, 431, 432, 120-B I.P.C., Section 4 & 21 Mines and Mineral Act and Section 3 & 5 Prevention of Damage of Public Property Act, police station Panwari, district Mahoba.
Learned counsel for the petitioners submits that the impugned F.I.R. has been challenged by co-accused persons before this Court in Crl. Misc. Writ Petition No. 34808 of 2018 and 34858 of 2018 in which interim protection was granted to them vide orders dated 3.12.2018, hence the petitioners are also entitled for the same relief. Copy of the aforesaid order has been annexed as annexure-2 of the writ petition.
Learned A.G.A. opposed the prayer for quashing but could not dispute the aforesaid fact as argued by learned counsel for the petitioners.
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.
(Raj Beer Singh,J) (Ramesh Sinha,J.) Order Date :- 21.12.2018 Manoj