Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 30640 of 2018 Petitioner :- Anil Agarwal @ Anil Kumar Agarwal Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vinayak Mithal,Satya Prakash Pandey Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Krishna Pratap Singh,J.
Heard learned counsel for the petitioner and 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 with the prayer to quash the F.I.R which has been registered as Case Crime No. 533 of 2018, under Section-3/7 Essential Commodities Act and Section-420 IPC, 1955 at Police Station- Nazibabad, District-Bijnor.
Learned counsel for the petitioner submits that the petitioner is a kidney patient and he has been falsely implicated in the present case though he has no role in the commission of the offence.
Learned A.G.A. opposed the prayer for quashing of the FIR.
Considering the facts of the case and also taking into account the fact that the petitioner is a kidney patient, 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. subject to his cooperating 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 kidney patient and order granting interim protection to the petitioner shall not be treated as precedence.
Order Date :- 29.10.2018 HR