Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 26836 of 2018 Petitioner :- Rohit Respondent :- State Of U.P. And 02 Others Counsel for Petitioner :- Kuldeep Kumar Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard learned counsel for the petitioner, 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 28.08.2018 registered as case crime no.287 of 2018 u/ss. 452, 354, 506 IPC, PS. Sikarpur, District Bulandshahar.
Learned counsel for the petitioner submits that father of the petitioner was assaulted by respondent no.3 and others in which he received injuries and subsequently died and an FIR with respect to the said incident was lodged by the brother of the petitioner, hence, the present FIR.
Learned A.G.A. opposed the prayer for quashing.
Considering the submissions advanced by learned counsel for the parties and the nature of allegations, it is directed that the petitioner shall not be arrested in the above mentioned case till submission of 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.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 25.9.2018 Madhurima