Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 10583 of 2018 Petitioner :- Ravi Bhushan Gautam Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Jahangir Haider Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Jahangir Haider, learned counsel for the petitioner, 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 3.4.2018 registered as case crime no. 249 of 2018 under sections 147, 148, 149, 307, 323, 341, 342, 436, 394, 332, 353, 186, 188 I.P.C., 3/4 Prevention of Damage to Public Property Act and 7 C.L.A. Act, police station Hapur Nagar, District Hapur.
Learned counsel for the petitioner submits that the petitioner is Lecturer in Maharishi Dayanand Inter College at Ghaziabad. On the date and time of incident, he was going to evaluate the answer-sheet of intermediate examination. He is not named in the F.I.R. He submits that one of co- accused, who is an Advocate has challenged the impugned F.I.R. before this Court in Crl. Misc. Writ Petition No. 9410 of 2018 in which interim protection was given to him vide order dated 13.4.2018 , hence the same is liable to be quashed by this Court.
Copy of the aforesaid order has been produced by learned counsel for the petitioner which is taken on record.
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 petitioner shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but he shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
The case of the petitioner is distinguishable from other co-accused persons.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 25.4.2018 Shiraz