Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 2443 of 2019 Petitioner :- Waqeel And 23 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anjani Kumar Tripathi Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard learned counsel for the petitioners, 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 23.09.2018 registered as case crime no. 830 of 2018 under sections 147, 148, 323, 504, 506, 452 IPC and section 7 Criminal Law (Amendment) Act, Police station Jevar, District Gautam, Budh Nagar.
Learned counsel for the petitioners submits that two F.I.R.s were registered against the petitioners for the same incident and it is a case of mob violence. One of the F.I.R. was also challenged by the petitioners in which their arrest has been stayed. Hence, the petitioners are entitled for the same benefit in this case also.
Learned A.G.A. opposed the prayer for quashing but could not dispute the fact as has been mentioned by learned counsel for the petitioners.
Considering the submissions advanced by learned counsel for the parties and the nature of allegations, it is directed that the petitioners shall not be arrested in above mentioned case till submission of 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 :- 29.1.2019 Madhurima