Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 26792 of 2018 Petitioner :- Sunil Kumar And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Babloo Pant Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Babloo Pant, learned counsel for the petitioners, Sri Gambhir Singh, 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 17.4.2018 registered as case crime no.148 of 2018 under sections 430, 431, 447 I.P.C. and section 3, 4 of Public Property Damage Prevention Act 1984, police station Ecotech-III, District Gautambudh 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.11557 of 2018 (Smt. Sureshwati and 12 others vs State of U.P. and 3 others) before this Court and this Court has granted relief to them by an order dated 7.5.2018, copy of the same is on record at page-34, 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 :- 25.9.2018 AU