Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 24445 of 2018 Petitioner :- Someshwar Pandey And 4 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Rakesh Kumar Upadhyay,Brajesh Kumar Chaturvedi Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri B.K. Chaturvedi, learned counsel for the petitioners, Sri Amrit Raj Chaurasia, 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 05.03.2017 registered as case crime no.0154 of 2017 under sections 147, 148, 323, 324, 307, 308, 504, 452 I.P.C., police station Garwar, District Ballia.
Learned counsel for the petitioners submits that the co- accused Sanatan Pandey has challenged the impugned FIR by means of a Crl. Misc. Writ Petition No.10597 of 2017 (Sanatan Pandey vs. State of U.P. and 4 others) before this Court and a Coordinate Bench of this Court has granted relief to him by an order dated 9.6.2017, copy of the same has been produced before the court which is taken on record, 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 :- 5.9.2018 AU