Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 26883 of 2018 Petitioner :- Sandeep Yadav Alias Sandeep Kumar Respondent :- State Of U.P. And 02 Others Counsel for Petitioner :- Bal Krishna Pandey 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 25.08.2018 registered as case crime no. 447 of 2018, under Sections 332, 353, 342, 352, 386, 504, 506 I.P.C. and Section 7 of Criminal Law (Amendment) Act, Police Station Kotwali Tirwa, District Kannauj.
Learned counsel for the petitioner submit that the petitioner is innocent and the present FIR has been lodged with a malafide intention for the purposes of harassment. It is further submitted that during the course of investigation, the name of co-accused Avnish Tiwari came into light, challenged the F.I.R. of the present case before this Court by filing Crl. Misc. Writ Petition No. 26045 of 2018 in which his arrest was stayed by this Court vide order dated 18.09.2018 copy of which has been 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.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 25.9.2018 Shubhankar Thakur