Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 37441 of 2018 Petitioner :- Pardesi Ram Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Om Prakash Rai,Ashish Rai Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri O.P. Rai, learned counsel for the petitioner, Sri G.P.Singh, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
This petition has been filed by the petitioner with a prayer to quash the FIR dated 28.10.2007, registered as case crime No.2084 of 2007, under Sections 419, 420, 467, 468, 471, 409, 120-B I.PC. and 13(1)C/(2) Prevention of Corruption Act, Police Station Kotwali, District Deoria.
Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case with malafide intention. He further submits that the identically situated co-accused, namely, Ganga Sagar Giri has also challenged impugned F.I.R. before this Court in Crl. Misc. Writ Petition No.27062 of 2018 in which interim protection has been granted to him by this Court vide order dated 27.9.2018, copy of which is annexed as Annexure-4 (at page-44) to the writ petition, hence the petitioner is also entitled for the same relief.
Learned A.G.A. opposed the prayer for quashing of the F.I.R. but could not dispute the aforesaid fact as argued by learned counsel for petitioner.
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.
It is made clear that the Investigating Officer of the case shall conclude the investigation of the present case and submit a police report before the Magistrate concerned expeditiously preferably within a period of four weeks from the date of production of a certified copy of this order before him.
With the above direction, this petition is finally disposed of.
The petitioner is directed to produce a certified copy of this order before the S.S.P. concerned within one week from today, failing which the present order granting interim protection to the petitioner shall automatically stand discharged.
(Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.) Order Date :- 19.12.2018/NS