Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 14590 of 2018 Petitioner :- Shakeel Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Nipun Singh Counsel for Respondent :- G.A.,Shodan Singh
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Nipun Singh, learned counsel for the petitioner, Sri Keshri Nath Tripathi, Advocate holding brief of Sri Shodan Singh, learned counsel for the private respondent, Sri Vikas Sahai, 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 22.2.2018 registered as case crime no.135 of 2018 under sections 323, 354, 452, 504, 506 and 376D I.P.C., police station Mawana, District Meerut.
Learned counsel for the petitioners submits that an FIR was lodged under sections 323, 354, 452, 504, 506 IPC which was challenged by means of a Crl. Misc. Writ Petition No.7092 of 2018 in which arrest has been stayed by a Coordinate Bench of this Court vide order dated 22.3.2018 (Copy of the same is on record at page 68) and thereafter section 376D IPC has been added.
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 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 :- 31.5.2018 AU