Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 1898 of 2019 Petitioner :- Tarun Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Meraj Ahmad Khan Counsel for Respondent :- G.A.,Sanjay Kr. Srivastava
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard Sri Meraj Ahmad Khan, learned counsel for the petitioner and Sri A.N. Mulla, learned A.G.A.
This writ petition has been filed by the petitioner to issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 4.12.2018 registered as Case Crime No.276 of 2018 under section 364, 386, 34 I.P.C, P.S. Lalkurti District Meerut.
Learned counsel for the petitioner claims parity with the order dated 10.1.2019 in Criminal Misc. Writ Petition No.277 of 2019 whereby co-accused Badal was granted protection by this Court.
Per contra learned A.G.A, opposed the prayer but do not dispute the claim of parity.
After having heard learned counsel for the parties and perusing the impugned F.I.R, we are not inclined to quash the same.
However, considering the peculiar facts and circumstances of the case, we direct that investigation of the aforesaid case shall go on but the petitioner shall not be arrested till the submission of police report under Section 173(2) Cr.P.C, subject to their extending full co- operation during investigation.
With the aforesaid direction, this petition is finally disposed of.
Order Date :- 29.1.2019/Harshita