Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 37138 of 2018 Petitioner :- Hariom Sharma And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Neeraj Kumar Srivastava,Yogesh Kumar Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Neeraj Kumar Srivastava, learned counsel for the petitioners, 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 1.8.2016 registered as case crime no. 343 of 2016, under section 363 I.P.C., police station Jewar, district Gautam Budh Nagar.
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. 32928 of 2018 in which interim protection was granted to them vide order dated 17.11.2018, hence the petitioners are also entitled for the same relief. Copy of the aforesaid order has been annexed as Annexure-7 page 48 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 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 :- 18.12.2018 / Manoj