Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 14366 of 2018 Petitioner :- Rajesh Chauhan And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kailash Pati Singh Yadav Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Kailash Pati Singh Yadav, learned counsel for the petitioners, Sri N.K. Verma, 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 12.4.2018 registered as case crime no. 676 of 2018 under sections 302, 201, 120B, 406, 420, 467, 468, 471, 506 I.P.C., police station Sihani Gate, District Ghaziabad.
Learned counsel for the petitioners submits that the co- accused persons have challenged the impugned FIR by means of a Crl. Misc. Writ Petition No.13124 of 2018 (Geeta Chauhan @ Sita Jairam and 4 others vs. State of U.P. and 3 others) before this Court and this Court has granted relief to them (copy of the same is on record at page 49), hence the petitioners are also entitled for the same relief.
Learned A.G.A. opposed the prayer for quashing.
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 :- 30.5.2018 AU