Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 37982 of 2018 Petitioner :- Dinesh Kumar Gupta Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Mayank Yadav,Vivek Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J.
Heard learned counsel for the petitioner, 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 31.08.2018 registered as case crime no. 439 of 2018 under sections 3/7 Essential Commodities Act, 1955, police station Sadar Bazar, District Meerut.
Learned counsel for the petitioner submits that an F.I.R. for the similar offence has been challenged before this Court in Crl. Misc. Writ Petition No. 31880 of 2018 and a co-ordinate Bench of this Court though rejected the prayer for quashing of the F.I.R. but directed the petitioner of the said case to obtain bail vide order dated 13.11.2018 which order was challenged before the Apex Court in S.L.P. (Crl.) No. 10282 of 2018 'Jamilur Rahman vs. Stae of Uttar Pradesh & Ors.' and the same was disposed of by the Apex Court on 04.12.2018 staying the arrest of the petitioner till completion of investigation of the case. He further submits that thereafter, the impugned F.I.R. was challenged by one of the co-accused in Crl. Misc. Writ Petition No. 34220 of 2018 in which interim protection was granted to him by a Co-ordinate Bench of this Court vide order dated 13.12.2018, hence, the petitioner is also entitled for the same relief.
Copy of the aforesaid orders have been produced by learned counsel for the petitioner which are taken on record.
Learned A.G.A. opposed the prayer for quashing of the F.I.R. but could not dispute the aforesaid fact as argued by learned counsel for the petitioner.
In view of the directions issued by Hon'ble Apex Court, it is directed that the petitioner shall not be arrested in above mentioned case till submission of 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.
(Raj Beer Singh, J.) (Ramesh Sinha, J.) Order Date :- 21.12.2018/Madhurima