Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 25497 of 2018 Petitioner :- Kaleem Ahmad And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Akhilesh Pandey Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Akhilesh Pandey, learned counsel for the petitioner, Sri Rama Nand Gupta, learned counsel for the caveator/respondent no.4, Sri Irshad Husain, learned brief holder appearing for the State and perused the impugned FIR as well as material brought on record.
This petition has been filed by the petitioner with a prayer to quash the FIR dated 28.09.2017, registered as case crime No.1069 of 2017, under Sections 420, 467, 468, 471, 447, 386, 341, 504, 506, and 120-B, IPC, P.S.
Chakeri, District Kanpur Nagar.
Sri Rama Nand Gupta, learned counsel for the caveator/private respondent no.4 states that he has filed a caveate in the present matter, but the same is not on record.
Office is directed to trace the same and place it on record.
Learned counsel for the petitioner submits that the co-accused namely Mohd Faizan and anothers, Abu Baqar @ Shanu, Noor Alam and Shamshad Alam and 3 others, have challenged the present FIR before this Court by means of filing Criminal Misc. Writ Petition Nos.23056 of 2018, 23877 of 2018, 23832 of 2018 and 23963 of 2018, in which interim protection have been granted to them by this Court vide order dated 24.08.2018 and 30.08.2018, respectively. Copy of which have been annexed at page nos. 47 to 50 of the present petition.
Learned counsel for the caveator/private respondent no.4 as well as brief holder appearing for the State has opposed the prayer for quashing of the F.I.R. which discloses cognizable offence.
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 :- 13.9.2018/VKG