Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 31032 of 2018 Petitioner :- Arjun Prasad Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- A.P.Singh 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 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 02.11.2017 registered as case crime no. 1266 of 2017 under sections 419, 420, 406, 409 I.P.C., police station Khesraha, District Siddharth Nagar.
Learned counsel for the petitioner submits that the impugned F.I.R. has been challenged by co-accused persons before this Court in Crl. Misc. Writ Petition No. 24969 of 2017 in which interim protection was granted to them vide order dated 14.11.2017 copy of which has been annexed at page- 26 of the present petition, hence the petitioner is also entitled for the same relief.
Learned A.G.A. opposed the prayer for quashing but could not dispute the aforesaid fact as argued by learned counsel for the petitioner.
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.
Order Date :- 30.10.2018 A.K.Verma