Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 10775 of 2018 Petitioner :- Sumit Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajiv Sisodia,Dhirendra Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Rajiv Sisodia, learned counsel for the petitioner, 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 17.03.2018 registered as case crime no.
126 of 2018 under sections 376, 511 I.P.C. police station Seohara, District Bijnor.
Learned counsel for the petitioners submits that the petitioner was not named in the FIR but his name came into light in the statement under section 164 Cr.P.C. The main allegation has been levelled against the co-accused Arjun.
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 petitioner 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.
The case of the petitioner is distinguishable with the case of the co-accused Arjun.
With the above direction this petition is finally disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 27.4.2018 AU