Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 38018 of 2018 Petitioner :- Gopal Ji Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anil Kumar Sharma Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J.
Heard Sri Prabhakar Dubey holding brief of Sri A.K. Sharma, learned counsel for the petitioner, Sri Prabhash Pandey, 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 1.9.2018 registered as case crime no. 257 of 2018 under sections 3/7 E.C. Act, police station Jaitpura, District Varanasi.
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 has 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 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 4.12.2018 staying the arrest of the petitioner till completion of investigation of the case. He further submits that thereafter the a similar case was challenged before this Court in Crl. Misc. Writ Petition No. 34220 of 2018 in which interim protection was granted to the petitioner of the said case 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 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 Shiraz