Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 23401 of 2018 Petitioner :- Manish Jaiswal(Minor) Through His Father Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- B.K.Singh Raghuvanshi,Arvind Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri B.K. Singh Raghuvanshi, learned counsel for the petitioner, Sri Deepak Mishra, 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 27.7.2018 registered as case crime no. 0594 of 2018 under sections 34, 342, 386, 307, 506 I.P.C., police station Kotwali District Bareilly.
Learned counsel for the petitioner submits that the co-accused Paritosh Saxena has challenged the impugned FIR by means of a Crl. Misc. Writ Petition No.21926 of 2018 (Paritosh saxena vs. State of U.P. and 3 others) before this Court and this Court has granted relief by an order dated 10.08.2018, copy of the same has been produced which is on record, 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 petitioner 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. (Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 27.8.2018 AU