Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16630 of 2019 Petitioner :- Gilman @ Monu Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vinod Kumar Tirpathi,Manoj Kumar Tripathi Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri Amit Kumar, Advocate holding brief for Sri Manoj Kumar Tripathi, learned counsel for the petitioner, Sri Irshad Hussain, 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 19.5.2019 registered as case crime no. 109 of 2019, under sections 452, 323, 504, 506, 307 IPC at P.S. Falwada, District Meerut.
It is contended by learned counsel for the petitioner that arrest of co accused persons in same case Crime has already been stayed by this court and hence the petitioner is also entitled to the same protection respite. He has also produced the copy of the order dated 31.5.2019 passed in Criminal Misc Writ Petition Nos. 15565 of 2019 with regard to co accused person namely Farhan.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case by respondent no. 3 by levelling false and frivolous allegations just to harass them, 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.
(Vivek Varma, J.) (Ramesh Sinha, J.) Order Date :- 14.6.2019 RavindraKSingh