Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 16185 of 2020 Petitioner :- Kripa Shankar Vishwakarma Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ganesh Shanker Srivastava,Ashwini Kumar Counsel for Respondent :- G.A.
Hon'ble Bachchoo Lal,J.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the petitioner, learned A.G.A. for the respondent nos. 1, 2 and 3 and perused the record.
The present writ petition has been filed by the petitioner for quashing the FIR dated 3.9.2020 registered as Case Crime No. 337 of 2020, under section 419, 420, 467, 468, 471, 504 and 506 IPC, P.S. Cholapur, District Varanasi with a further prayer not to arrest the petitioner in pursuance of the aforesaid FIR.
Learned counsel for the petitioner submits that the petitioner is a marginal witness of the alleged will deed. The will deed was executed in favour of Ram Pyare. Rajendra Prasad was also marginal witness of that will deed. In Criminal Misc. Writ Petition No. 12704 of 2020 interim relief has been granted to co-accused Ram Pyare and Rajendra Prasad vide order dated 17.11.2020. The case of petitioner is also identical to that of co-accused Rajendra Prasad, therefore, he is also entitled for the same relief.
Per contra; learned A.G.A. opposed the prayer for quashing the FIR.
Considering the facts and circumstances of the case and keeping in view that in identical matter interim relief has been granted by the coordinate bench, we dispose of this writ petition with a direction that the petitioner Kripa Shankar Vishwakarma shall not be arrested in the aforementioned case till submission of police report under section 173(2) Cr.P.C. provided he participates and cooperates with the investigation. In case the report under section 173(2) Cr.P.C. has already been submitted then the petitioner shall not be entitled to take any benefit of this order.
Order Date :- 8.1.2021 Masarrat