Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 2727 of 2019 Petitioner :- Saabu Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Santosh Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard Sri Santosh Kumar Singh, learned counsel for the petitioner and Sri A.N. Mulla, learned A.G.A. for the State.
This writ petition has been filed by the petitioner to issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 6.12.2018 registered as Case Crime No. 0577 of 2018 under section 307 I.P.C. P.S. Sambhal District Bheem Nagar.
Learned counsel for the petitioner submits that petitioner's case is similar to that of co-accused Chaman, who has been granted protection by this Court, vide order dated 24.1.2019 passed in Criminal Misc. Writ Petition No. 1724 of 2019, which fact has not been disputed by the learned A.G.A.
After having heard learned counsel for the parties and perusing the impugned F.I.R, we are not inclined to quash the same.
However, considering the peculiar facts and circumstances of the case, we direct that investigation of the aforesaid case shall go on but the petitioner shall not be arrested till the submission of police report under Section 173(2) Cr.P.C, subject to their extending full co-operation during investigation.
With the aforesaid direction, this petition is finally disposed of. Order Date :- 31.1.2019 Ram Murti