Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 37330 of 2018 Petitioner :- Mahadev Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Chandra Prakash Pandey Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Rajendra Kumar-IV,J.
Heard learned counsel for the petitioner and the learned A.G.A.
This writ petition has been filed by the petitioner to issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 08.03.2018 registered as Case Crime No. 76 of 2018 under sections 419, 420, 467, 468, 471, 120B I.P.C, P.S. Kotwali Tirwa, District Kannauj.
Learned counsel for the petitioner submits that principal offender Prithviraj has already been granted protection in Criminal Misc. Writ Petition No. 8356 of 2018 vide order dated 04.04.2018 whereas petitioner happens to be the real brother of said Prathviraj who too is entitled to claim parity with said Prithviraj which is not disputed by the learned A.G.A.
After having heard learned counsel for the parties and perusing the impugned F.I.R, we are not inclined to quash the same.
However, considering the peculiar facts and circumstances of the case, we direct that investigation of the aforesaid case shall go on but the petitioner shall not be arrested till the submission of police report under Section 173(2) Cr.P.C, subject to his extending full co-operation during investigation.
With the aforesaid direction, this petition is finally disposed of. Order Date :- 20.12.2018 AKT