Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 31197 of 2018 Petitioner :- Madan Goptal Srivastava Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ajay Kumar 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 28.08.2018, registered as Case Crime No. 964 of 2018, under Section 3/7 Essential Commodities Act, 1955 and Sections 420, 120-B I.P.C., Police Station Tajganj, District Agra.
Learned counsel for the petitioner submitted that the petitioner is suffering from head injury, copy of the medical prescription as well as certificate issued by the doctor has been brought on record as Annexure-5 to the writ petition 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 suffering from head injury, 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.
Order Date :- 31.10.2018 SA