Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 24531 of 2018 Petitioner :- Maruti Pratap Tiwari Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Santosh Kumar Tiwari Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Santosh Kumar Tiwari, learned counsel for the petitioner, Sri N.K.Verma, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
This petition has been filed by the petitioner with a prayer to quash the FIR dated 11.05.2018, registered as case crime No.0240 of 2018, under Sections 380, 420, I.P.C., P.S. Gorakhnath, District Gorakhpur.
Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case with malafide intention. He further submits that the impugned F.I.R. has been challenged by co- accused namely Beena Tiwari before this Court in Crl. Misc. Writ Petition No. 17755 of 2018 in which interim protection was granted to them vide order dated 09.07.2018, hence the petitioner is also entitled for the same relief. Copy of the aforesaid order has been annexed as annexure no. 5 to the writ petition.
Learned A.G.A. opposed the prayer for quashing but could not dispute the aforesaid fact as argued by learned counsel for the petitioner.
Learned A.G.A. opposed the prayer for quashing of the F.I.R. which discloses cognizable offence.
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 :- 5.9.2018/VKG