Court No. - 1 Case :- CRIMINAL MISC. WRIT PETITION No. - 19852 of 2018 Petitioner :- Kailash Tyagi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ishwar Chandra Tyagi,V.P. Srivastava (Sr. Advocate) Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Supplementary-affidavit has been filed by learned counsel for the applicant and the same is taken on record.
Heard Sri V.P. Srivastava, learned senior Advocate, assisted by Sri Ishwar Chandra Tyagi, learned counsel for the petitioner, Sri Deepak Mishra, 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 18.07.2018 registered as case crime no. 586 of 2018 under sections 304, 288, 337, 338, 427, 34 I.P.C., 7 Criminal Law Amendment Act, police station Bisrikh, District Gautam Buddha Nagar.
This court has passed an order on 25.07.2018 which is quoted herein below:
"Heard Sri V.P. Srivastava, learned Senior Advocate, assisted by Sri Ishwar Chandra Tyagi, learned counsel for the petitioner, Sri A.K.Sand, learned AGA for the State and impugned FIR as well as material brought on record.
Learned counsel for the petitioner submitted that the petitioner is an Ex-Government Employee and he has retired on 31.07.2017. He further submitted that the petitioner is the owner of 4 Bigha agricultural plot situated at Village Shahberi, Pargana and Tehsil Dadari, District Gautam Budh Nagar in Khasra No. 207-M. He states that the building of Khasra No.5 collapsed and fell on the adjacent building in which 9 people have died. He next submitted that the petitioner has no concern with the co-accused Manish Goel and Pankaj Goel who were the owner of the said Khasra No.5 where the building was under construction and collapsed and the petitioner has been implicated in the present case on account of the fact that his agricultural land, i.e., Khasra No.207M was near the building where the incident has taken place.
Learned AGA shall seek instructions in the matter with respect to Paragraph nos. 8 and 9 of the writ petition. Moreover, the District Magistrate, Gautam Buddh Nagar shall also enquire in the matter and inform this Court whether the petitioner had any connection with Manish Goel and Pankaj Goel who were responsible for the death of the persons who have died in the incident.
Learned AGA has further pointed out that writ petition of co-accused Manish Goyal being Crl. Misc. Writ Petition No.19746 of 2018 has already been dismissed by this Court.
Put up the matter on Monday, i.e., 30.7.2018.
Let a copy of this order be given to the learned AGA for its compliance."
Sri Deepak Mishra, learned A.G.A. opposed the prayer and states that he has received instructions in the matter. He further submitted that it is correct that the petitioner is an ex-government employee and that he was the owner of agricultural land Khasra no. 207M, moreover there is no evidence against him at this stage.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, 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 he shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
The case of the petitioner is distinguishable from the other co-accused persons.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 30.7.2018 JK Yadav