Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 38023 of 2018 Petitioner :- Wasim Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Madan Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J.
Heard Sri Madan Singh, learned counsel for the petitioner, Sri N.K. Tiwari, 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 12.11.2018 registered as case crime no. 364 of 2018 under section 3 (1) U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, police station Kundarki, District Moradabad.
Learned counsel for the petitioner submits that the impugned F.I.R. has been challenged by co-accused persons before this Court in Crl. Misc. Writ Petition No. 34566 of 2018 in which interim protection was granted to them vide order dated 5.12.2018 copy of which has been annexed at page-20 of the present petition, hence the petitioner is 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 petitioner.
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 he shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
(Raj Beer Singh, J.) (Ramesh Sinha, J.) Order Date :- 21.12.2018 Shiraz