Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16700 of 2019 Petitioner :- Keshar Dev Gupta 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, 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 28.10.2007 registered as case crime no.2084 of 2007 u/ss. 419, 420, 467, 468, 471, 409, 120-B, 201 IPC and Section 13 (1) C (2) of Prevention of Corruption Act, PS. Kotwali, District Deoria.
Learned counsel for the petitioner submits that co-accused of the present case namely Kamta Prasad has earlier approached this court for quashing of the impugned FIR by filing Criminal Misc. Writ Petition No.15950 of 2019 in which interim protection has been granted to him by this Court on 10.06.2019, hence, the petitioner is also entitled for the same relief. Copy of the aforesaid order is annexed at page 46.
Learned A.G.A. opposed the prayer for quashing 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 the nature of allegations, it is directed that the petitioner shall not be arrested in the above mentioned case till submission of 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.
(Vivek Varma, J.) (Ramesh Sinha, J.) Order Date :- 14.6.2019 Madhurima