Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 14390 of 2018 Petitioner :- Satish Prakash Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anil Kumar Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Anil Kumar, learned counsel for the petitioner, Sri Ankit Prakash, 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 2.4.2018 registered as case crime no. 165 of 2018 under section 25/4 Arms Act, police station Civil Lines, District Meerut.
Learned counsel for the petitioner submits that two F.I.Rs. have been lodged against the petitioner. One of the F.I.R. was challenged by the petitioner before this Court in Crl. Misc. Writ Petition No. 13229 of 2018 in which his arrest was stayed by this Court vide order dated 22.5.2018 and this is the second F.I.R. lodged against him. He further submits that the impugned F.I.R. has been challenged by co-accused person before this Court in Crl. Misc. Writ Petition No. 13607 of 2018 in which interim protection was granted to him vide order dated 25.5.2018, hence the petitioner is also entitled for the same relief.
Copies of the aforesaid orders have been produced by learned counsel for the petitioners which is taken on record.
Learned A.G.A. opposed the prayer for quashing but could not dispute the aforesaid fact as argued by learned counsel for the petitioner.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioners 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 :- 30.5.2018 Shiraz