Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 20619 of 2018 Petitioner :- Ishtiyaq Ahmad And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shiv Kumar Singh Rajawat Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard learned counsel for the petitioners, 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 24.05.2018 registered as case crime no.0345 of 2018 under sections 379, 179 I.P.C. and 4/21 of Mines and Minerals (Development Regulation) Act, 1957, Police station Kotwali Nagar, District Banda.
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. 18343 of 2018 in which interim protection was granted to them vide order dated 12.07.2018, hence, the petitioners are also entitled for the same relief.
Copy of the aforesaid order has been produced by learned counsel for the petitioners which is taken on record.
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.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 31.7.2018 Madhurima