Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 4596 of 2018 Petitioner :- Jeetu @ Kaulash Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sunil Kumar Dwivedi Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Heard Sri S.K. Dwivedi, learned counsel for the petitioner, Sri Vikas Sahai, 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 12.11.2017 registered as case crime no. 425 of 2017 under sections 2/3 U.P. Gangster Act, police station Chhatari, district Bulandshahar.
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. 3351 of 2018 in which interim protection was granted to them vide order dated 12.2.2018 copy of which has been annexed at page- 29 of the present petition, hence the petitioner is also entitled for the same relief.
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 he shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
(Krishna Pratap Singh, J.) (Ramesh Sinha, J.) Order Date :- 23.2.2018 Shiraz