Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 30482 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 Sri Manish Kumar Kesarwani, learned counsel for the petitioner, 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 24.4.2013, registered as Case Crime No.256-A of 2013, under Sections 147, 148, 149, 307, 323, 332, 352, 395, 397, 436, 452, 427 I.P.C.
and 7 Crl. Law Amendment Act and 3 Prevention of Damages to Public Property Act, Police Station Deoband, District Saharanpur.
Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case. He further submits that identically situated co-accused persons have earlier challenged the FIR of the present case by means of filing Crl. Misc. Writ Petition No.6103 of 2018, which has been disposed of by Coordinate Bench of this Court vide order dated 14.3.2018 staying the arrest of the said co-accused, copy of which is annexed as Annexure-3 (at page-25) to the writ petition, hence, the petitioner is also entitled for the same relief.
Learned A.G.A.opposed the prayer for quashing of the FIR, but could not dispute the aforesaid fact as argued by learned counsel for the petitioner.
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.
Order Date :- 27.10.2018 RPD