Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 31328 of 2018 Petitioner :- Kedar Singh Chauhan 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 petitioner, 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 13.09.2018, registered as Case Crime No. 726 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 petitioner is very old person aged about 62 years and he has been falsely implicated in the present case though he has 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 petitioner is old aged person, 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 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 case of other co-accused persons.
It is made clear that the Court has granted indulgence only on account of the fact that the petitioner is old aged person, and order granting interim protection to the petitioner shall not be treated as parity to other co-accused persons..
Order Date :- 31.10.2018 Sazia