Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 4589 of 2018 Petitioner :- Uma Shankar And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Dr. Arun Srivastav Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Heard Sri Dr. Arun Srivastava, learned counsel for the petitioner, Sri Vikas Sahai, 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 22.12.2017 registered as case crime no. 1030 of 2017 under sections 2/3 U.P. Gangster and Anti Social Activities (Prevention) Act, police station Izzat Nagar, district Bareilly.
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. 1011 of 2018 in which interim protection was granted to them vide order dated 5.2.2018 copy of which has been annexed at page- 46 of the present petition, hence the petitioners are also entitled for the same relief.
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.
(Krishna Pratap Singh, J.) (Ramesh Sinha, J.) Order Date :- 23.2.2018 Shiraz