Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 23178 of 2018 Petitioner :- Nand Lal @ Lalki Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pradeep Kumar Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Pradeep Kumar, learned counsel for the petitioner, Sri Deepak Mishra, learned AGA appearing 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 04.01.2018, registered as case crime No.05 of 2018, under Sections 147, 148, 149, 307, 353, IPC and 26 forest act, 1927, Police Station, Paniyara, district Maharajganj.
Learned counsel for the petitioners submits that the co-accused Ramesh Yadav, challenged the F.I.R. of the present case before the coordinate Bench of this Court by filing Crl. Misc. Writ Petition No. 7781 of 2018 in which his arrest was stayed by this Court vide order dated 30.03.2018, copy of which is annexed as annexure no.2 to the writ petition.
Learned A.G.A. opposed the prayer for quashing of the F.I.R. which discloses cognizable offence.
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/VKG