Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 24494 of 2018 Petitioner :- Harendra Singh And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mithilesh Kumar Tiwari Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard learned counsel for the petitioners, learned A.G.A. for the State and impugned F.I.R. as well as material brought on record.
This writ petition has been filed by the petitioners to quash the FIR dated 29.08.2018 in Case Crime No. 2280 of 2018 u/s. 3/7 of Essential Commodities Act and section 43 of Information Technology (Amendment) Act, PS. Indirapuram, District Ghaziabad.
It has been submitted by the learned counsel for the petitioners that petitioner no.2 is a lady.
Per contra learned AGA for the State submitted that the impugned FIR is not liable to be quashed on the basis of the submissions advanced by the learned counsel for the petitioners.
After having heard learned counsel for the parties present and perused the impugned FIR as well as the other material brought on record, we dispose of this writ petition with the following directions:
(i) Investigation of the aforesaid case shall go on but petitioner no. 2 shall not be arrested in the aforesaid case till submission of police report under Section 173(2) Cr.P.C., subject to her cooperation during investigation.
(ii) As far as petitioner nos.1, 3 and 4 are concerned, the petition stand dismissed.
It is made clear that the arrest of petitioner no.2 has been stayed only on account of the fact that she is a lady and this order shall not be treated as parity by the other co-accused persons.
With this direction, this petition is finally disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 5.9.2018/Madhurima