Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 2697 of 2019 Petitioner :- Rajesh Agarwal Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Uma Nath Pandey Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State-respondent nos.1 and 2.
The instant petition seeks quashing of the F.I.R. dated 13.12.2018 registered as Case Crime No.1246 of 2018, under Sections 342 & 504 I.P.C. and Section 7 Criminal Law (Amendment) Act, 2013, P.S. Bisrakh, District Gautam Budh Nagar.
The allegation in the F.I.R. is to the effect that large mass of people had protested and had blocked the road and also indulged in violence.
The contention of learned counsel for the petitioner is that there is no specific allegation against the petitioner and he has been falsely implicated alongwith other 100 accused.
Considering the facts and circumstances of the case, without interfering with the investigation and by refusing to quash the F.I.R., we deem it appropriate to dispose off this petition by providing that subject to the petitioner's co-operation in the investigation, the petitioner shall not be arrested in the aforesaid criminal case till submission of police report under Section 173 (2) Cr.P.C.
The petition stands disposed off.
Order Date :- 31.1.2019 Rahul.