Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 37149 of 2018 Petitioner :- Ashfaq Alam Farooqui Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Saghir Ahmad Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Sagir Ahmad, learned counsel for the petitioner, Sri J.P. Tripathi, 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 25.8.2018 registered as case crime no. 251 of 2018, under section 420 I.P.C., Section 3/7 E.C. Act and Section 66 D.I.T. Act, police station Kotwali, district Kanpur Mau.
Learned counsel for the petitioners submits that the impugned F.I.R. has been challenged by co-accused persons before this Court in Crl. Misc. Writ Petition No. 29317 of 2018 in which interim protection was granted to them vide order dated 12.10.2018, hence the petitioner is also entitled for the same relief. Copy of the aforesaid order has been annexed as annexure-6 page 44 of the writ petition.
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 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 :- 18.12.2018 Manoj