Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 23965 of 2018 Petitioner :- Haseena Begam And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pramod Kumar Singh Counsel for Respondent :- G.A.,Pt. Sita Ram Vishwakarma
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Pramod Kumar Singh, learned counsel for the petitioners, Pt. Sita Ram Vishwakarma, learned counsel for the private respondent, 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 by the petitioners with a prayer to quash the F.I.R. dated 08.08.2018 registered as case crime no.335 of 2018 under sections 147, 332, 353, 354-A, 186, 504, 506, 427 I.P.C., police station Manjhanpur, District Kaushambi.
Learned counsel for the petitioners submits that the co-accused Mahtab Alam has challenged the impugned FIR by means of a Crl. Misc. Writ Petition No.23152 of 2018 (Mahtab Alam vs. State of U.P. and 3 others) before this Court and this Court has granted relief by an order dated 24.8.2018, copy of the same has been produced which is taken on record, hence the petitioners are also entitled for the same relief. It has been pointed by the learned counsel for the petitioners as well as learned counsel for the caveator that an order was passed in special appeal on civil side and the cost imposed upon the respondent no. 4 has been set aside on the basis of unconditional apology tendered by her.
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 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.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 30.8.2018 AU