Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 30499 of 2018 Petitioner :- Mohd. Harun @ Aanu @ Annu And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Manish Kumar Kesarwani,Mohd. Kalim Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
Heard learned counsel for the petitioners, 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 with the prayer to quash the F.I.R. dated 24.4.2013, registered as Case Crime No.256 of 2013, u/s 147, 148, 149, 307, 395, 352, 323, 353, 436, 332, 452, 427 IPC and 7 Crl. Law Amendment Act, and 3 Prevention of Damages to Public Property Act, P.S. Deoband, district Saharanpur.
Learned counsel for the petitioners submits that co-accused persons of the present case have earlier approached this court for quashing of the FIR by filing Criminal Misc. Writ Petition No.6057 of 2018 in which interim protection has been granted in their favour by coordinate Bench of this Court on 14.3.2018, hence the petitioners are also entitled for the same relief, copy of the same is annexed on page 29 of the present petition.
Learned A.G.A. opposed the prayer for quashing but could not dispute the aforesaid fact as argued by learned counsel for the petitioners.
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 shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
Order Date :- 27.10.2018 Shalini