Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 29382 of 2018 Petitioner :- Ajit Rajan Sahu Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anoop Trivedi,Prateek Mishra Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,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 25.8.2018 registered as case crime no. 251 of 2018 under sections 3 /7 Essential Commodities Act, 1955 read with Section 420 I.P.C. and 66 D of Information Technology Act, 2008, police station Kotwali, District Kanpur Nagar.
Learned counsel for the petitioner submits that the petitioner is a heart patient. He has been falsely implicated in the present case though he has no role to play in the commission of the offence in question.
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 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.
It is made clear that the Court has granted indulgence only on account of the fact that the petitioner is a lady and order granting interim protection to the petitioner shall not be treated as parity to other co-accused.
Order Date :- 12.10.2018 AKT