Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 25410 of 2018 Petitioner :- Ishratullah And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Zafar Abbas Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Zafar Abbas, learned counsel for the petitioners, Sri Gambhir Singh, 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 25.8.2018, registered as Case Crime No.251 of 2018, u/s 3/7 E.C. Act and Section 420 IPC and 66 D I.T. Act, P.S. Kotwali, district Kanpur Nagar.
Learned counsel for the petitioners submits that petitioner no.1 is suffering from Cancer disease regarding which he has annexed the medical paper of petitioner no.1. The petitioner no.2 is lady and has no role to play in the crime in question.
Learned A.G.A. opposed the prayer for quashing of the FIR.
Considering the facts and circumstances of the case and also taking into account the fact that the petitioner no.1 is suffering from Cancer disease and petitioner no.2 is a lady, it is directed that the petitioners 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.
The case of the petitioners is distinguishable from the case of other co-accused persons.
It is made clear that the Court has granted indulgence to the petitioners only on account of the fact that the petitioner no.1 is suffering from Cancer disease and petitioner no.2 is a lady and order granting interim protection to the petitioners shall not be treated as parity to other co- accused persons.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 13.9.2018 Gaurav