Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 30653 of 2018 Petitioner :- Iftekhar Alam Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Nazrul Islam Jafri Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Krishna Pratap 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 with the prayer to quash the F.I.R. dated 31.08.2018, registered as Case Crime No. 731 of 2018, under Sections 420 I.P.C. and Section 66-B of I.T. Act, 2008 and Section 3/7 Essential Commodities Act, 1955, Police Station Brahampuri, District Meerut.
Learned counsel for the petitioner submitted that the petitioner is a chronic patient of diabetes as well as suffering from various heart ailments with hypertension, copy whereof has been brought on record as Annexure-6 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 chronic patient of diabetes as well as suffering from various heart ailments with hypertension, 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 :- 29.10.2018 SA