Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 26791 of 2018 Petitioner :- Manoj Kumar Respondent :- State Of U.P. And 02 Others Counsel for Petitioner :- Ranvijay Chaubey Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Ranjvijay Chaubey, learned counsel for the petitioner, Sri Irshad Husain, learned Brief Holder 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 01.09.2018 registered as case crime no.771 of 2018 under sections 304 I.P.C., police station Tronika City, District Ghaziabad.
Learned counsel for the petitioners submits that the petitioner is landlord of the house in question and the respondent no. 2 was living as a tenant in the said house along with his family members and because of heavy rains, the house has collapsed and on account of which the family members of the respondent no. 2 have sustained injuries and his mother was admitted in G.T.B. Hospital, Delhi where she died.
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 :- 25.9.2018 AU