Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 26539 of 2018 Petitioner :- Kartik (Minor) Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Akhil Kumar Shukla Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri A.K. Shukla, learned counsel for the petitioner, Sri Gambhir Singh, 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 with the prayer to quash the F.I.R. dated 13.9.2018, registered as Case Crime No.817 of 2018, u/s 304 IPC, P.S. Kotwali Chhibramau, district Kannauj.
Learned counsel for the petitioner submits that co-accused of the present case had earlier approached this court for quashing of the FIR by filing Criminal Misc. Writ Petition No.26274 of 2018 in which interim protection has been granted in his favour by this Court on 20.9.2018, 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.
Copy of the order granting interim protection in favour of co-accused persons supplied by learned counsel for the petitioner is taken on record.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioner shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but 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 :- 24.9.2018 Gaurav