Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 13903 of 2018 Petitioner :- Karimullah @ Badhku And 7 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Arif Ikbal Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Arif Iqbal, 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 28.4.2018 registered as case crime no. 66 of 2018 under sections 147, 148, 149, 151, 152, 153, 186, 323, 504, 506, 336, 353, 332, 333, 342, 452, 307, 395, 402, 427 I.P.C., 7 C.L.A. Act and 3 (2) (a) 5 Damages to Public Property Act, police station Sarai Meer, District Azamgarh.
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. 13210 of 2018 in which interim protection was granted to them vide order dated 22.5.2018, 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 :- 28.5.2018 Shiraz