Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 22923 of 2018 Petitioner :- Guddu Yadav @ Virendra Pratap Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Amit Kumar Tiwari Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Learned counsel for the petitioner filed supplementary affidavit today in court which is taken on record.
Heard Sri Amit Kumar Tiwari, learned counsel for the petitioner, Sri Deepak Mishra, 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 with the prayer to quash the F.I.R. dated 12.07.2018 registered as Case Crime No. 0458 of 2018, under Sections 147, 148, 387, 504, 506, 382, 467, 468 I.P.C. & 4/21 the Mines Act, 1952 & Section 3/5 The Prevention of Damage to Public Property Act, 1984, Police Station Ghoorpur, District Allahabad.
Learned counsel for the petitioner submits that co-accused persons of the present case have earlier approached this court for quashing of the FIR by filing Criminal Misc. Writ Petition No. 20339 of 2018 in which interim protection has been granted in their favour by this Court on 30.07.2018, hence the petitioner is also entitled for the same relief, copy of the same is annexed on page 24 of the present petition.
Learned A.G.A. opposed the prayer for quashing but could not dispute the aforesaid fact as argued by learned counsel for the petitioner.
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 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 :- 23.8.2018 Ashok Gupta