Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 19817 of 2019 Petitioner :- Malik Barkatullah Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Anil Kumar Mehrotra, ,Srijan Mehrotra Counsel for Respondent :- G.A.,Shivam Yadav
Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J.
Heard Shri A.K. Mehrotra, learned counsel for the petitioner, Sri Saurabh Srivastava, learned counsel for the respondent nos.6 and 7 and Shri Jai Narain, learned AGA for the State and perused the material brought on record.
This petition has been filed by the petitioner with a prayer to quash the F.I.R. dated 23.4.2018 registered as case crime no. 523 of 2018 under sections 420, 467, 468, 469, 471 I.P.C. and Section 3/4 Prevention of Damage to Public Property Act, 1984, police station Chakeri, District Kanpur Nagar.
Learned counsel for the petitioner stated that in the present case twice the Final Report was submitted but subsequently further investigation has been ordered by the Crime Branch under Section 173 Cr.P.C. but the investigation is still pending and order has also been passed for the arrest of the petitioner.
Learned A.G.A. opposed the prayer for quashing.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioners shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but he shall co-operate with the investigation of the case.
Crime Branch is directed to conclude the investigation within eight weeks.
With the above direction this petition is finally disposed of.
(Raj Beer Singh, J.) (Ramesh Sinha, J.) Order Date :- 25.7.2019 Deepika