Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 25829 of 2018 Petitioner :- Gaurav Dixit Respondent :- State Of U.P. And 03 Others Counsel for Petitioner :- Harish Chandra Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Harish Chandra, learned counsel for the petitioner, Sri Irshad Husain, learned Brief Holder 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 28.8.2018 registered as case crime no.0523 of 2018 under sections 420, 467, 468 I.P.C. and 3/7 Essential Commodities Act, 1955, police station Amroha Nagar, District Amroha.
Learned counsel for the petitioners submits that the petitioner is suffering from kidney disease and is facing dialysis every day. Copy of the dialysis record produced by the petitioner is taken on record.
Learned A.G.A. opposed the prayer for quashing.
Considering the submissions advanced by learned counsel for the parties, nature of the allegations and the fact that the petitioner is suffering from kidney disease and is facing dialysis the court has granted indulgence and 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.
The case of the petitioner is distinguishable from the case of other co-accused.
With the above direction this petition is finally disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 17.9.2018 AU