Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 23522 of 2018 Petitioner :- Ashok Kumar Dwivedi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Satish Kumar Tyagi Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri S.K.Tyagi, learned counsel for the petitioner, 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 31.3.2006, registered as case crime No.194 of 2006, under Sections 417, 420, 467, 468, 471, 120-B I.P.C. and 13(1) (d) of Prevention of Corruption Act, 1988, P.S. Sihani Gate, District Ghaziabad.
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. 5949 of 2018 and Crl. Misc. Writ Petition No.9005 of 2018, in which interim protection was granted to them vide orders 13.3.2018 and 10.4.2018 respectively, copies of which have been annexed at pages-55 to 57 of the writ 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.
The Investigating Officer of the case is directed to conclude the investigation of the case within a period of six weeks.
With the above direction this petition is finally disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.)
Order Date :- 28.8.2018/NS