Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 10778 of 2018 Petitioner :- Shamshad And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Afzal Ahmad Khan Durrani Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Afzal Ahmad Khan Durrani, learned counsel for the petitioners, 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 15.04.2018 registered as case crime no. 448 of 2018 under sections 313, 376, 506 I.P.C. , police station Vijay Nagar, District Ghaziabad.
Learned counsel for the petitioners submits that the dispute is only between co-accused Amir and the respondent no. 3 and the petitioners have no concern with this allegation. The co- accused Amir has been arrested on 16.4.2018 and he is at present in jail.
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.
The case of the present petitioners is distinguishable with the case of co-accused Amir.
With the above direction this petition is finally disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 27.4.2018 AU