Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 30978 of 2018 Petitioner :- Ali Jan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Avnish Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Krishna Pratap Singh,J.
Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the record.
This petition has been filed with the prayer to quash the F.I.R. dated 05.03.2016 registered as Case Crime No.136 of 2016 under Section 409, 420, 467, 468, 471, 120-B IPC Police Station Lisari Gate, District Meerut.
Learned counsel for the petitioner submits that co-accused of the present case namely Singh Pratap Deo has earlier approached this court for quashing of the FIR by filing Criminal Misc. Writ Petition No.101 of 2017 in which interim protection has been granted in his favour by this Court on 05.01.2017 copy of the same is annexed on page 49 of the present petition.
Learned A.G.A. opposed the prayer for quashing but could not dispute the aforesaid fact as argued by learned counsel for the petitioner.
From the perusal of the F.I.R. it is clear that prima facie cognizable offence is made out. Therefore, the prayer for quashing the impugned F.I.R. is refused.
However, 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 shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
Order Date :- 30.10.2018 Pr/-