Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 10727 of 2018 Petitioner :- Mohd. Rafique Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mohd.Sartaz Ahmad Siddiqui Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Mohd. Sartaz Ahmad Siddiqui, learned counsel for the petitioner, 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 petitioners with a prayer to quash the F.I.R. dated 5.4.2018 registered as case crime no.165 of 2018 under sections 323, 342, 386, 506 I.P.C., police station Bhelupur, District Varanasi.
Learned counsel for the petitioner submits that the civil litigation is pending between the parties.
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 :- 26.4.2018 AU