Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 22828 of 2018 Petitioner :- Chandra Bhan Uttam Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Prateek Sinha,Amar Nath Sinha Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Prateek Sinha, 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 26.08.2010 registered as case crime no.04 of 2010 under sections 408, 409, 420, 467, 468, 471, 120B I.P.C. and 13 (2) Prevention of Corruption Act, police station S.I.T. U.P., Lucknow.
Learned counsel for the petitioners submits that the co-accused Avinash Chandra Sinha has challenged the impugned FIR by means of a Crl. Misc. Writ Petition No.21008 of 2018 (Avinash Chandra Sinha(Retd. Supply Inspector) vs. State of U.P. and 4 others and the other co-accused Laxmi Narayan Tripath has also challenged the impugned FIR by means of a Crl. Misc. Writ Petition No.21017 of 2018 (Laxmi Narayan Tripathi (Retd. Supply Inspector) vs State of U.P. and 4 others) before this Court and this Court has granted relief by an order dated 3.8.2018, copies of the same are on record at pages 63 and 64, hence the petitioner is also entitled for the same relief.
Learned A.G.A. opposed the prayer for quashing.
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 :- 21.8.2018 AU