Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 26558 of 2018 Petitioner :- Kaushal Kishor Srivastava And 03 Others Respondent :- State Of U.P. And 02 Others Counsel for Petitioner :- Amit Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Amit Kumar Singh, 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 petitioner with a prayer to quash the F.I.R. dated 06.05.2006 registered as case crime no.56B of 2006 under sections 409, 419, 420, 467, 468, 471, 201, 218, 130B/34 I.P.C., police station Rasara, District Ballia.
Learned counsel for the petitioners submits that the co- accused Ramji Yadav has challenged the impugned FIR by means of a Crl. Misc. Writ Petition No.24721 of 2018 (Ramji Yadav vs. State of U.P. and 02 others) before this Court and this Court has granted relief to him by an order dated 7.9.2018, copy of the same is on record at page 37, hence the petitioners are 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 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 :- 24.9.2018 AU