Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 24559 of 2018 Petitioner :- Aman Sharma Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Prateek Rai,Narendra Deo Rai Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Prateek Rai, learned counsel for the petitioner, Sri N.K.Verma, 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 petitioner with a prayer to quash the FIR dated 11.04.2017, registered as case crime No.177 of 2017, under Sections 420, 406, 467, 468, 471 I.P.C. and Section 3/4/5/6 of the Prize Chits and Money Circulation Scheme Banning Act, 1978, P.S. Link Road, District Ghaziabad.
Learned counsel for the petitioner submits that he has not filed the certified copy of the impugned FIR, hence he has filed the exemption application and prays that same may be allowed and he may be exempted from filing the certified copy of the impugned FIR.
As prayed the exemption application is allowed and the counsel for the petitioner is exempted from filing the the certified copy of the impugned FIR.
He further submitted that the co-accused Shubham Birla, Mohit Sharma, Sunil Kumar Gupta, Krishna Gopal Sharma, Harish Singh Bisht and Jatin Arora have challenged the F.I.R. of the present case before this Court by filing Crl. Misc. Writ Petition Nos. 3184 of 2018, 17008 of 2018, 19491 of 2018, 19526 of 2018, 19552 of 2018 and 19614 of 2018, respectively, in which their arrest was stayed by this Court vide orders dated 12.02.2018, 02.07.2018, 23.07.2018, 23.07.2018, 23.07.2018 and 24.07.2018, copy of which have been annexed at page-34 to 44 of the present petition.
Learned A.G.A. opposed the prayer for quashing of the F.I.R. which discloses cognizable offence.
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.
(Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.) Order Date :- 5.9.2018/VKG