Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 5036 of 2018 Petitioner :- Masood And 02 Others Respondent :- State Of U.P. And 02 Others Counsel for Petitioner :- Ch. Dil Nisar,Ch. Dil Nisar Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Heard Sri Samarth Sinha, learned counsel for the petitioner, Sri J.K. Singh, 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 27.1.2018 registered as case crime no. 65 of 2018 under sections 363, 504, 506 I.P.C., police station Gangoh, District Saharanpur.
Learned counsel for the petitioners submits that the impugned F.I.R. has been challenged by victim and co-accused Asif Ahmad, who is said to have enticed away the victim, before this Court in Crl. Misc. Writ Petition No. 3796 of 2018 in which interim protection was granted to them vide order dated 16.2.2018 copy of which has been annexed at page-20 of the present petition. The petitioners are the family members of co-accused Asif Ahmad hence they 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.
(Krishna Pratap Singh, J.) (Ramesh Sinha, J.) Order Date :- 27.2.2018 Shiraz