Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 25691 of 2018 Petitioner :- Rashid And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anand Ji Mishra,Kaushal Kumar Pandey Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri A.J. 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 with the prayer to quash the F.I.R. dated 12.8.2018, registered as Case Crime No.437 of 2018, u/s 323, 452, 307, 504, 506 IPC, P.S. Kithor, district Meerut.
Learned counsel for the petitioners submits that the from the side of the petitioners, FIR was also registered as Case Crime No.478 of 2018 u/s 147, 148, 452, 354A, 307, 323, 427 IPC against respondent no.4 and other persons, the said FIR was challenged by them in Criminal Misc. Writ Petition No.23972 of 2018 and their arrest was stayed by this Court on 30.8.2018, copy of the said order is annexed on page 44 of the present petition. The co-accused of the present case has also approached this court for quashing of the FIR by filing Criminal Misc. Writ Petition No.24965 of 2018 in which interim protection has also been granted in his favour by this Court on 10.9.2018, hence the petitioner is also entitled for the same relief, copy of the same is annexed on page 46 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 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 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 :- 17.9.2018 Gaurav