Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 14576 of 2018 Petitioner :- Zakir Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shadab Ali Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Deepak Gupta, Advocate holding brief of Sri Shadab Ali, learned counsel for the petitioner, Sri Vikas Sahai, 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 12.5.2018 registered as case crime no. 0282 of 2018 under sections 376, 504, 506 I.P.C., police station Swar, District Rampur.
Learned counsel for the petitioner submits that the co- accused Samid has challenged the impugned FIR by means of a Crl. Misc. Writ Petition No.13921 of 2018 (Samid vs. State of U.P. and others) before this Court and this Court has granted relief to him by an order dated 28.5.2018 (copy of the same has been produced which is taken on record), hence petitioner is also entitled for the same relief.
Learned A.G.A. opposed the prayer for quashing.
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.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 31.5.2018 AU