Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 23081 of 2018 Petitioner :- Munna Prasad Gupta And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Prabhakar Tripathi Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Prabhakar Tripathi, learned counsel for the petitioners, Sri Deepak Mishra, 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 petitioners with a prayer to quash the FIR dated 3.7.2018, registered as case crime No.191 of 2018, under Sections 354(B), 354(D), 342, 504, 506, 147 I.P.C., P.S. Govind Nagar, District Kanpur Nagar.
Learned counsel for the petitioners submits that the petitioners are not named in the FIR and their names have come into light during the course of investigation only account of the fact that they happens to be the real brothers of co-accused Rahul Gupta, who is named in the FIR. He further submits that the co-accused Rahul Gupta has challenged the impugned FIR before this Court by means of filing Crl. Misc. Writ Petition No.18334 of 2018, in which interim protection has been granted to him by this Court vide order dated 12.7.2018, copy of which is annexed at page-28 of the writ petition, hence, petitioners are 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 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 they 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 :- 24.8.2018/NS