Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 20399 of 2018 Petitioner :- Jai Kishan Tahilramani Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Akhilesh Singh,Shivam Yadav Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Shivam Yadav, learned counsel for the petitioner, Sri A.R. Chaurasia, 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 by the petitioner with a prayer to quash the F.I.R. dated 6.7.2018 registered as case crime no. 126 of 2018 under sections 147, 148, 149, 323, 504, 506, 427, 467, 468, 420 I.P.C., police station Swaroop Nagar, District Kanpur Nagar.
Learned counsel for the petitioner submits that the F.I.R. of the present case has been challenged by co-accused persons before this Court in Crl. Misc. Writ Petition No. 19099 of 2018 which was disposed of by this Court vide order dated 19.7.2018. He submits that while passing the said order, this Court dismissed the said petition on behalf of co-accused Sameer Agarwal, against whom main allegation has been levelled and stayed the arrest of other co-accused persons. He submits that the case of the petitioner is distinguishable from co-accused Sameer Agarwal and similar to the case of co-accused persons whose arrest has been stayed by this Court, hence the petitioner is also entitled for the same relief.
Copy of the aforesaid order has been produced by learned counsel for the petitioner which is taken on record.
Learned A.G.A. opposed the prayer for quashing.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, 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 he shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 30.7.2018 Shiraz