Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16703 of 2019 Petitioner :- Kanhaiya And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajiv Chowdhury Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri Rajiv Chowdhury, 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 petitioners with prayer to quash the F.I.R. dated 07.05.2019 registered as case crime no.112 of 2019 u/ss. 147, 149, 452, 332, 353, 354, 393, 427, 504 IPC, and 7 Criminal Law (Amendment) Act, PS. Chowk, District Varanasi.
Learned counsel for the petitioners submits that co-accused of the present case namely Shashi Kumar Verma has earlier approached this court for quashing of the impugned FIR by filing Criminal Misc. Writ Petition No.16351 of 2019 in which interim protection has been granted to him by this Court on 12.06.2019, 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.
Copy of the order granting interim protection in favour of the co-accused supplied by learned counsel for the petitioners which is taken on record.
Considering the submissions advanced by learned counsel for the parties and the nature of allegations, it is directed that the petitioners shall not be arrested in the above mentioned case till submission of 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.
(Vivek Varma, J.) (Ramesh Sinha, J.) Order Date :- 14.6.2019 Madhurima