Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 10380 of 2018 Petitioner :- Mula @ Mulendra Pal Singh Respondent :- State Of U.P. And Another Counsel for Petitioner :- Anil Kumar Pandey Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri A.K. Pandey, learned counsel for the petitioner, Ms. Ibha Sinha, 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 27.10.2017 registered as case crime no. 383 of 2017 under sections 147, 149, 452, 354A, 323, 324, 325, 504, 506, 304 I.P.C., police station Hasayan, District Hathras.
Learned counsel for the petitioner submits that the impugned F.I.R. has been challenged by co-accused persons before this Court in Crl. Misc. Writ Petition Nos. 6601 of 2018 and 8391 of 2018 in which interim protection were granted to them vide order dated 19.3.2018 and 4.4.2018 copies of which have been annexed at pages-38 and 39 of the present petition, hence the petitioner is also entitled for the same relief.
Learned A.G.A. opposed the prayer for quashing 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 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 :- 24.4.2018 Shiraz