Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 30947 of 2018 Petitioner :- Jagvir Singh And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ramesh Kumar Pandey Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Krishna Pratap Singh,J.
Heard learned counsel for the petitioners, 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 02.09.2018, registered as Case Crime No. 699 of 2018, under section 3/7 Essential Commodities Act, 1955 and section 43-A of Information Technology (Amendment) Act, 2000, PS Nauchandi, District Meerut.
Learned counsel for the petitioner submits that the petitioners are very old persons aged about 61 and 72 years and they has been falsely implicated in the present case though they have no role in the commission of the offence.
Learned A.G.A. opposed the prayer for quashing of the FIR.
Considering the facts and also taking into account the fact that the petitioners are old aged persons, 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 only on account of the fact that the petitioners are old aged persons, and order granting interim protection to the petitioners shall not be treated as parity to other co-accused persons.
Order Date :- 30.10.2018 Sazia