Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 26810 of 2018 Petitioner :- Sanjay Yadav Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashok Kumar Pandey Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Ashok Kumar Pandey, 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 10.8.2018 registered as case crime no.598 of 2018 under sections 147, 353, 332, 427, 308, 506 IPC and sections 3A and 3B of U.P. Chiktsha Paricharcha Sewa Karmi and Chiktsha Paricharcha Sewa Sansthan (Hinsa and Sampatti Ki Chhati Ka Niwaran Adhiniyam 2013, police station Medical College, District Meerut.
Learned counsel for the petitioners submits that the co-accused persons have challenged the impugned FIR by means of a Crl. Misc. Writ Petition No.23525 of 2018 (Tanuj Singh and 3 others vs. State of U.P. and 2 others) before this Court and this Court has granted them relief by an order dated 28.8.2018, copy of the same is on record at page 38, hence the petitioner is also entitled for the same relief.
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 AU