Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 2444 of 2019 Petitioner :- Manoj Kumar Chaudhary Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Amaresh Chandra Tiwari,Pashupati Nath Pandey Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Pashupati Nath Pandey, learned counsel for the petitioner, Sri G.P. Singh, 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 petitioner with a prayer to quash the F.I.R. dated 29.11.2018 registered as case crime no. 607 of 2018 under section 167, 168, 403, 406, 409, 504 and 506 I.P.C., police station Chaubepur, District Varanasi.
Learned counsel for the petitioner submits that petitioner is Branch Manager of the concerned bank and the arrest of the co-accused has been stayed by another Co-ordinate Bench of this Court in Crl. Misc. Writ Petition No. 1703 of 2019 vide order dated 24.01.2019. It is further stated that petitioner has no role to play in the offence in question and there was a dispute of husband of respondent no.4 with co-accused Dinesh, Pintu and Smt. Chanda Devi with respect to a compensation of land.
Learned A.G.A. opposed the prayer for quashing of the F.I.R.
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 submission of the police report under section 173(2) Cr.P.C. but he shall co-operate with the investigation of the case.
The case of the petitioner is distinguished from the case of other co- accused.
With the above direction, this petition is finally disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 29.1.2019 Madhurima