Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 26759 of 2018 Petitioner :- Suresh Jagdish Chaurasiya Respondent :- State Of U.P. And 03 Others Counsel for Petitioner :- Rajiv Kumar Counsel for Respondent :- G.A.,Ashwini Kumar Ojha
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Rajiv Kumar, learned counsel for the petitioners, Sri A.K. Ojha, learned counsel for respondent no. 4, 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 petitioners with a prayer to quash the F.I.R. dated 16.9.2017 registered as case crime no. 436 of 2017 under sections 406 I.P.C., police station George Town, District Allahabad.
Learned counsel for the petitioners submits that the impugned F.I.R. has been challenged by co-accused persons before this Court in Crl. Misc. Writ Petition No. 10508 of 2018 in which interim protection was granted to them vide order dated 24.4.2018, hence the petitioners are also entitled for the same relief.
Copy of the aforesaid order has been produced by learned counsel for the petitioners which is taken on record.
Learned counsel for respondent no. 4 and learned A.G.A. opposed the prayer for quashing but could not dispute the aforesaid fact as argued by learned counsel for the petitioners.
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 Shiraz