Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 22819 of 2018 Petitioner :- Nitendra Agarwal Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pankaj Dwivedi Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Pankaj Dwivedi, learned counsel for the petitioner, Sri Prabhash Pandey, 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 with the prayer to quash the F.I.R. dated 08.06.2018 registered as Case Crime No. 418 of 2018, under Sections 2/3 U.P. Gangsters and Anti Social Activities Prevention Act 1986, Police Station Shahganj, District Agra.
Learned counsel for the petitioner submits that co-accused person of the present case, namely, Jitendra Agarwal has earlier approached this court for quashing of the FIR by filing Criminal Misc. Writ Petition No. 18203 of 2018 in which interim protection has been granted in their favour by this Court on 09.08.2018, hence the petitioner is also entitled for the same relief, copy of the same is annexed on page 48 of the present petition.
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 petitioner shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but 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 :- 21.8.2018 Ashok Gupta