Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16153 of 2019 Petitioner :- Vishal Chaudhari Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vishnu Kumar Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J.
Hon'ble Vivek Varma,J.
Heard Sri Vishnu Kumar, learned counsel for the petitioner, Sri S.S.Sachan, 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 petitioner with a prayer to quash the FIR dated 18.5.2019, registered as Case Crime No.397 of 2019, under Sections 394, 147, 504, 506 I.P.C., Police Station Civil Lines, District Moradabad.
Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case with malafide intention. He further submits that the impugned F.I.R. has already been challenged by co-accused, namely, Sameer Arora before this Court in Crl. Misc. Writ Petition No.14837 of 2019, in which interim protection was granted to him vide order dated 28.5.2019, copy of which has been annexed at page-27 of the writ petition, hence the petitioner is also entitled for the same relief.
Learned A.G.A. opposed the prayer for quashing of the F.I.R.but could not dispute the aforesaid fact as argued by learned counsel for the petitioner.
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.
(Vivek Varma,J..) (Ramesh Sinha, J.) Order Date :- 11.6.2019/NS