Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 15950 of 2019 Petitioner :- Kamta Prasad Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Akhilesh Singh,Yogendra Yadav Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri Akhilesh Singh, learned counsel for the petitioner, Sri Deepak Mishra, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the FIR dated 28.10.2007, registered as case crime No.2084 of 2007, under Sections 419, 420, 467, 468, 471, 409, 120-B, 201 I.P.C. &13(1) C (2) of The Prevention of Corruption Act, Police Station Kotwali, District Deoria.
Learned counsel for the petitioner submits that the petitioner was not named in the FIR though the FIR is of the year 2007. He further submits that the impugned F.I.R. has been challenged by co-accused, namely, Ganga Sagar Giri before this Court in Crl. Misc. Writ Petition No.27062 of 2018 in which interim protection was granted to him by this Court vide order dated 27.9.2018, copy of which is annexed at page-38 of the writ petition, hence the petitioner is also entitled for the same relief.
Learned A.G.A. opposed the prayer for quashing of the F.I.R. but could not dispute the aforesaid fact as argued by learned counsel for the petitioner.
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.
It is further directed that the Investigating Officer of the present case shall conclude the investigation of the present case and shall submit a police report before Court concerned expeditiously preferably within a period of three weeks from the date of production of a certified copy of this order before him.
With the above direction, this petition is finally disposed of.
(Vivek Varma,J..) (Ramesh Sinha, J.) Order Date :- 10.6.2019/NS