Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 34142 of 2018 Petitioner :- Yameen And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajiv Sisodia,Gayyoor Ali Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the petitioners, learned AGA appearing for the State and perused the impugned FIR as well as material brought on record.
The relief sought in this petition is for quashing of the FIR dated 05.01.2017 registered as Case Crime No. 13 of 2017, under Sections 307, 420, IPC, Police Station Sardhana, District Meerut.
Learned counsel for the petitioners submits that the petitioner was not named in the FIR and his name has come into light in the confessional statement of co-accused Gullu @ Gulfam, who was arrested on spot. He submitted that it is a case of no injury.
Learned AGA opposed the prayer and submitted that the impugned FIR has been resisted again the petitioner under the aforesaid sections, which discloses cognizable offence against 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.
Order Date :- 27.11.2018 AK Pandey