Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 25787 of 2018 Petitioner :- Afaq Ahmad Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Himanshu Kumar,Tariq Naiyer Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard learned counsel for the petitioner, 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 31.08.2018 registered as case crime no. 0720 of 2018 under sections 419, 420, 467, 468, 471 506 I.P.C., police station Kotwali, District Fatehpur.
Learned counsel for the petitioner submits that the impugned F.I.R. has been challenged by the co-accused before this Court in Crl. Misc. Writ Petition No.25013 of 2018 in which interim protection was granted to him vide order dated 10.09.2018, hence, the petitioner is also entitled for the same relief.
Copy of the aforesaid order has been produced by learned counsel for the petitioner which is taken on record.
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 petitioner 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 :- 17.9.2018 Madhurima