Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 22911 of 2018 Petitioner :- Himanshu And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sudhakar Yadav Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Sudhakar Yadav, learned counsel for the petitioners, Sri N.K. Verma, 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 26.6.2018, registered as case crime No.178 of 2018, under Sections 147, 148, 149, 307, 427 I.P.C., P.S. Oncha, District Mainpuri.
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. 21537 of 2018 in which interim protection has been granted to them by this Court vide order dated 8.8.2018, copy of which has been annexed at page-43 of the present petition, hence the petitioners are also entitled for the same relief.
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 they shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
The case of the petitioners is distinguishable from the case of co-accused Baleshwar.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 23.8.2018 NS