Atik Ahemad @ Atikurrahaman And ... vs State Of U.P. And 2 Others
2017 Latest Caselaw 4360 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 18716 of 2017
 
Petitioner :- Atik Ahemad @ Atikurrahaman And Another
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Satyam Narayan
 
Counsel for Respondent :- G.A.
 
Hon'ble Ramesh Sinha,J.

Hon'ble Aniruddha Singh,J.

Heard Sri Satyam Narayan, learned counsel for the petitioners, Sri P.S.Yadav, 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 petitioners with a prayer to quash the FIR dated  2.8.2017 registered as Case Crime No.453 of 2017, under Sections 147, 148, 149, 307, 336, 323, 427, 279 I.P.C., 3 Damages of Public Property Act, 1984 & Section 7 of C.L.A. Act, Police Station-Mawana, District Meerut.

Learned counsel for the petitioners submits that identically situated co-accused persons have earlier challenged the FIR of the present case by means of filing Crl. Misc. Writ Petition No.17372 of 2017 which has been disposed of by another Bench of this Court vide order dated 28.8.2017 staying arrest of the co-accused persons, copy of which has been produced by learned counsel for the petitioners the same is taken on record, hence, arrest of the petitioners may also be stayed by this Court.

Learned A.G.A. opposed the prayer for quashing of the FIR, but could not dispute the aforesaid fact as argued by learned counsel for the petitioners.

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 they shall co-operate with the investigation of the case.

With the above direction, this petition is finally disposed of.

(Aniruddha Singh, J.)     (Ramesh Sinha, J.)

Order Date :- 13.9.2017/NS