Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 26485 of 2018 Petitioner :- Ramesh And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pavan Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Pawan Kumar Mishra, 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 petitioners with a prayer to quash the F.I.R. dated 28.2.2018, registered as case crime No.62 of 2018, under Sections 420, 467, 468, 471 I.P.C., P.S. Ghadhipukhata, District Shamli.
Learned counsel for the petitioners submits that the impugned F.I.R. has been challenged by co-accused, namely, Shamim before this Court in Crl. Misc. Writ Petition No.21831 of 2018 in which interim protection has been granted to him by this Court vide order dated 10.8.2018, copy of which is annexed as Annexure-4 (at page-21) to the writ petition, hence the petitioners are also entitled for the same relief.
Learned A.G.A. opposed the prayer for quashing 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 :- 24.9.2018 NS