Court No. - 36
Case :- CRIMINAL MISC. WRIT PETITION No. - 5977 of 2017 Petitioner :- Virendra Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vinay Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Mrs. Rekha Dikshit,J.
Heard Sri V.K.Mishra, learned counsel for the petitioner, Sri A.K.Sand,learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the FIR dated 9.3.2017 registered as Case Crime No.46 of 2017, under Section 364-A I.P.C., Police Station-Khukhundu, District Deoria.
Learned counsel for the petitioner submits that identically situated co- accused persons have earlier challenged the FIR of the present case by means of filing Crl. Misc. Writ Petition No.4909 of 2017 which has been disposed of by this Court vide order dated 4.4.2017 staying the arrest of the said co-accused, copy of which has been annexed at page-36 of the writ petition.
Learned counsel for the petitioner has produced the photocopy of the order dated 12.4.2017 passed by this Court, by which the order dated 4.4.2017 has been modified, which is taken on record.
Learned A.G.A. opposed the prayer for quashing of the FIR.
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.
With the above direction, this petition is finally disposed of.
(Mrs. Rekha Dikshit,J.) (Ramesh Sinha, J.) Order Date :- 19.4.2017/NS