Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 30187 of 2018 Petitioner :- Hukum Chand Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Manoj Kumar Rajvanshi,Vinay Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,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 with the prayer to quash the F.I.R. dated 4.9.2018, registered as Case Crime No. 634 of 2018, under Sections 467, 468 and 420 I.P.C. and Section 66D of Information Technology Act, 2000 and Section 3/7 Essential Commodities Act, 1955, Police Station Civil Lines, District Muzaffar Nagar.
Learned counsel for the petitioner submitted that the petitioner is a senior citizen and suffering from various diseases, copy whereof has been brought on record as Annexure-4 to the writ petition and he has been falsely implicated in the present case though he has no role in the commission of the offences.
Learned A.G.A. opposed the prayer for quashing of the FIR.
Considering the facts and also taking into account the fact that the petitioner is a senior citizen suffering from various ailments, 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 shall co- operate with the investigation of the case.
With the above direction this petition is finally disposed of.
Order Date :- 26.10.2018 SA