Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 20444 of 2018 Petitioner :- Hazi Harun Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajeshver Mishra Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Rajeshver Mishra, learned counsel for the petitioner, 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 FIR dated 30.01.2018 registered as Case Crime No. 87 of 2018 u/ss. 411, 413, 120B IPC, PS. Hapur Nagar, District Hapur.
Learned counsel for the petitioner submits that the petitioner is not named in the FIR and his name has come into light in the confessional statement of the co-accused. It is further submitted that the petitioner has no criminal history.
Learned A.G.A. opposed the prayer for quashing.
Taking into account the submission made at Bar by learned counsel for the petitioner that the petitioner has no criminal history, it is directed that the petitioner shall not be arrested in the above mentioned case till submission of police report under section 173(2) Cr.P.C. but he shall co- operate with the investigation of the case.
It is made clear that if it is found that the petitioner has any criminal history, the interim protection granted to him vide this order shall stand discharged.
With the above direction this petition is finally disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 30.7.2018 Madhurima