Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 10610 of 2018 Petitioner :- Mohd. Ajijuddin Alias Ramjan And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Tripathi B.G. Bhai Counsel for Respondent :- G.A.,Yashpal Yadav
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Tripathi B.G. Bhai, learned counsel for the petitioners, Sri Yashpal Yadav, learned counsel for the private respondent, 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 20.03.2018 registered as case crime no.55 of 2018 under sections 419, 420, 467, 468, 406, 409 IPC, police station Dumariyaganj, District Siddharth Nagar.
Learned counsel for the petitioner submits that the co- accused persons have challenged the impugned FIR by means of Crl. Misc. Writ Petition No.9667 of 2018 before this Court and this Court has granted relief to the co- accused person vide order dated 17.4.2018 (copy of the same is on record at page 96), hence the petitioners are also entitled for the same relief on the ground of parity.
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 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 :- 25.4.2018 AU