Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 26576 of 2018 Petitioner :- Anil Kumar Respondent :- State Of U.P. And 02 Others Counsel for Petitioner :- Ajay Kumar Srivastava Counsel for Respondent :- G.A.,Ashish Pandey,Pragya Pandey
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Ajay Kumar Srivastava, learned counsel for the petitioner, Ms. Pragya Pandey, learned counsel for the private respondent, Sri N.K. Verma, 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 18.11.2017 registered as case crime no.0638 of 2017 under sections 403, 418, 420, 467, 468, 34 I.P.C., police station Muduwadeeh, District Varanasi.
Learned counsel for the petitioner submits that the co-accused Munnan has challenged the impugned FIR by means of a Crl. Misc. Writ Petition No.23018 of 2018 (Munnan vs. State of U.P. and 3 others) before this Court and this Court has granted relief to him by an order dated 23.8.2018, copy of the same is on record at page-29, hence the petitioner is also entitled for the same relief.
Learned A.G.A. as well as learned counsel for the private respondent opposed the prayer for quashing. Learned counsel for the private respondent pointed out that the private respondent has also filed a Crl. Misc. Writ Petition No.4365 of 2018 (Ashok Kumar Srivastava vs. State of U.P. and 5 others) in which Investigating Officer was directed to conclude the investigation within four months by an order dated 19.4.2018 but the same has not been concluded and it is stated that on 28.5.2018 the order of this Court dated 19.4.2018 was served upon the S.S.P., Varanasi. The S.S.P. Varanasi is directed to ensure that the investigation of the case is completed within three weeks from today.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioners 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 :- 24.9.2018 AU