Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 20631 of 2018 Petitioner :- Iqbal Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Umair Mahmood Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard 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 F.I.R. dated 15.06.2017 registered as case crime no.217 of 2017 u/ss. 376, 323, 506 IPC, PS. Pakbada, District Moradabad.
Learned counsel for the petitioner submits that the impugned F.I.R. has been challenged by co-accused persons before this Court in Crl. Misc. Writ Petition No. 11938 of 2017 in which interim protection was granted to them vide order dated 04.07.2017, hence the petitioner is 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 petitioner.
Considering the submissions advanced by learned counsel for the parties and the nature of allegations, 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.
With the above direction this petition is finally disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 31.7.2018 Madhurima