Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 4971 of 2018 Petitioner :- Govardhan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashok Kumar Singh Bais Counsel for Respondent :- G.A.
Hon'ble Vikram Nath,J. Hon'ble Ashok Kumar,J.
Heard learned counsel for the petitioner and learned AGA for the State.
At the outset learned counsel for the petitioner has placed reliance upon an order of this Court dated 31.1.2018 passed in Criminal Misc. Writ Petition No. 2048 of 2018 (Ravindra Kumar vs. State of U.P. and another) having been filed by the co-accused in same case crime number.
For the reasons recorded in the said order and there being similarity between two, the petitioner of the present case is also entitled for the same protection.
From the perusal of the F.I.R. it appears that on the basis of the allegations made therein prima facie cognizable offence is made out hence, there is no scope for interfering with the impugned F.I.R.
Therefore, the prayer for quashing the impugned F. I. R. is refused.
However, considering the submissions advanced by learned counsel for the petitioner and nature of allegations made in the F. I. R., it is directed that the petitioner Goverdhan shall not be arrested in relation to Case Crime No. 0001 of 2018, under Section 2(3) Gangster Act, P.S. Nagal, District Saharanpur till submission of police report under Section 173 (2) or till credible evidence is collected, whichever is earlier.
With the aforesaid directions, this writ petition is disposed of finally.
Order Date :- 27.2.2018 S.S.
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(Ashok Kumar, J.) (Vikram Nath, J.)