Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 12588 of 2021 Petitioner :- Mahipal @ M.P. Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Amit Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Subhash Vidyarthi,J.
Heard learned counsel for the petitioner and Smt. Archana Singh, learned A.G.A.-I for the State respondents.
The relief sought in this petition is for quashing of the F.I.R. dated 26.10.2019 registered as Case Crime No. 311 of 2019, under Sections 120-B, 420, 467 IPC, Police Station Bhuta, District Bareilly. Further prayer has been made not to arrest the petitioner in the aforesaid case.
In support of his submissions, learned counsel for the petitioner has placed reliance upon the order dated 26.8.2020 passed in Crl. Misc. Writ Petition No. 7530 of 2020, wherein, this Court has accorded interim protection to the co- accused Parvez Ali by providing that insofar as investigation of the case is concerned, the same shall continue and brought to its logical conclusion but the petitioner Parvez Ali shall not be arrested in the above case till submission of police report under Section 173(2) Cr.P.C. provided he cooperates in the investigation. In this backdrop, learned counsel for the petitioner states that till date in the aforesaid case crime, police report has not been submitted against the petitioner and as such, similar indulgence has been asked for.
The matter requires consideration.
Learned AGA-I appears for the State-respondent nos.1 and 2.
Issue notice to the respondent no. 3, returnable within four weeks. Steps may be taken within a week.
All the respondents are accorded three weeks time to file counter-affidavit. One week, thereafter, for rejoinder.
Till the next date of listing, respondents are restrained to arrest the petitioner pursuant to the impugned F.I.R. subject to cooperation in the on-going investigation.
Order Date :- 23.12.2021 A.K.Srivastava