Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16037 of 2019 Petitioner :- Manauwar Ali Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sanjay Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri S. K. Singh, learned counsel for the petitioner, Sri Deepak Mishra, 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 by the petitioners with a prayer to quash the F.I.R. dated 17.11.2018 registered as case crime no. 512 of 2018, under sections 419, 420, 467, 468, 504, 506 IPC, P.S. Cholapur, District Varanasi.
It is contended by learned counsel for the petitioner that arrest of co accused person in same case Crime has already been stayed by this court and hence the petitioner is also entitled to the same protection respite. He has also produced the copy of the order dated 12.4.2019 passed in Criminal Misc Writ Petition No. 9393 of 2019 with regard to co accused Ali Shekh.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case by respondent no. 4 by levelling false and frivolous allegations just to harass him hence the same is liable to be quashed by this Court.
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 petitioner 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.
With the above direction this petition is finally disposed of.
(Vivek Varma, J.) (Ramesh Sinha, J.) Order Date :- 10.6.2019 RavindraKSingh