Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 23963 of 2018 Petitioner :- Shamshad Alam And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rakesh Kumar Singh,Adil Jamal Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Adil Jamal, learned counsel for the petitioners, Sri Deepak Mishra, 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 F.I.R. dated 28.9.2017 registered as case crime no.1069 of 2017 under sections 420, 467, 468, 471, 447, 386, 341, 504, 506, 120B I.P.C., police station Chakeri, District Kanpur Nagar.
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.23056 of 2018 (Mohd. Faizan and another vs. State of U.P. and 3 others) before this Court and this Court has granted relief to them by an order dated 24.8.2018, copy of the same is on record at page-78, hence the petitioners are 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 petitioners shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but they 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 :- 30.8.2018 AU