Court No. - 36
Case :- CRIMINAL MISC. WRIT PETITION No. - 5997 of 2017 Petitioner :- Arjun Ram Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Santosh Kumar Shukla Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Mrs. Rekha Dikshit,J.
Heard Sri S.K.Shukla, 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 7.5.2006 registered as Case Crime No.45-B of 2006, under Sections 409, 419, 420, 467, 468, 471, 201, 218, 120-B & 34 I.P.C., Police Station-Sikandarpur, District Ballia.
Learned counsel for the petitioner submits that identically situated co-accused persons have earlier challenged the FIR of the present case by means of filing Crl. Misc. Writ Petition No.4263 of 2016 which has been disposed of by another Bench of this Court vide order dated 24.2.2016 staying the arrest of the said co-accused, copy of which has been annexed at pages-67 & 68 of the writ petition, hence, arrest of the petitioner may also be stayed by this Court.
Learned A.G.A. opposed the prayer for quashing of the FIR.
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.
The Investigating Officer is directed to complete the investigation of the present case within a period of one month from the date of production of a certified copy of this order.
The S.S.P., Ballia shall ensure the compliance of this Court.
(Mrs. Rekha Dikshit,J.) (Ramesh Sinha, J.)
Order Date :- 19.4.2017/NS