Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 14258 of 2018 Petitioner :- Chandrabhan Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Hitesh Pachori Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Hitesh Pachori, 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 with the prayer to quash the F.I.R. dated 11.8.2006, registered as Case Crime No.97 of 2006, u/s 218, 219, 420, 120-B IPC and 13(1)(d) read with Section 13(2) of Prevention of Corruption Act, 1988, P.S. Kotwali, district Agra and further directing the respondents not to arrest the petitioner in the aforesaid case.
Learned counsel for the petitioner submits that co-accused persons of the present case have earlier approached this court for quashing of the FIR by filing Criminal Misc. Writ Petition Nos.3026 of 2018, 2380 of 2018, 3138 of 2018, 3144 of 2018, 3313 of 2018, 3318 of 2018 in which interim protection has been granted in their favour by coordinate Bench of this Court on 8.2.2018, 2.2.2018, 12.2.2018, 12.2.2018, 12.2.2018, 12.2.2018 respectively, hence the petitioner is also entitled for the same relief, copies of the same are annexed on page 61 to 71 of the present 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.
Having heard the submissions advanced by learned counsel for the parties and perused the impugned first information as well as the other material brought on record, we are not inclined to quash the impugned F.I.R.
However, considering the peculiar facts and circumstances of the case and the submissions advanced by learned counsel for the parties, we dispose of this writ petition with the direction that the petitioner shall not be arrested in the aforementioned case till submission of police report under Section 173(2) Cr.P.C.
However, petitioner shall participate and co-operate with the investigation and the police authorities are directed to conclude the investigation within a period of six weeks from the date of production of this order.
With the above direction this petition is finally disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 30.5.2018 Gaurav