Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 7828 of 2018 Petitioner :- Sajid Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Tej Pratap Singh,Dhirendra Pratap Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Sri Anurag Sharma, Advocate has filed his power on behalf of respondent no.4 which is taken on record.
Heard Sri D.P. Singh, learned counsel for the petitioners, Anurag Sharma, learned counsel for the respondent no.4 and Sri Jitendra Singh, 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 impugned First Information Report dated 5.3.2018, registered as case crime no.179 of 2018, u/s 363, 366 IPC, P.S.Kandhala, district Shamli.
Learned counsel for the petitioners submitted that the petitioner is the brother of co-accused Javed @ Mohd. Javed who has married with Smt. Nagama Chaudhary who have also filed Criminal Misc. Writ Petition No.7828 of 2018 and their petition has also been allowed by this Court today i.e. on 30.3.2018. In view of the said petition, the present petition is also liable to be allowed by this Court.
Per contra learned counsel for the respondent no.4 as well as learned AGA submitted that the impugned FIR is not liable to be quashed on the basis of the submissions made by the learned counsel for the petitioners.
The writ petition accordingly succeeds and is allowed.
The impugned FIR and all subsequent proceedings taken against the petitioner in pursuance thereof are hereby quashed.
There shall, however, be no order as to costs.
(Krishna Pratap Singh, J.) (Ramesh Sinha, J.) Order Date :- 30.3.2018 Gaurav