Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 33862 of 2018 Petitioner :- Pashupati Nath Singh Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Beerendra Singh Pal,Manoj Kumar Keshari Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the petitioner, 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 with the prayer to quash the F.I.R. dated 8.5.2006, registered as Case Crime No. 36 of 2006, u/s 409, 419, 420, 467, 468, 471, 201, 218 and 120-B/34 I.P.C., P.S. Maniyar, District Ballia.
Learned counsel for the petitioner submits that similar petitions have been filed by other accused persons before this Court which are numbered as Criminal Misc. Writ Petition Nos. 3493 of 2017, 3494 of 2017 and 5482 of 2017 in which interim order has been passed in their favour by this Court on 7.3.2017, and 12.4.2017. From the perusal of the FIR, no offence is made out against the petitioner. He further submits that investigation of the case has not been concluded till date.
Learned A.G.A. opposed the prayer for quashing but could not dispute the aforesaid fact as argued by learned counsel for the petitioner.
However, learned counsel for the petitioner points out that co-accused filed Criminal Misc. Writ Petition No. 7303 of 2017 wherein a Division Bench of this Court while disposing of the writ petition was directed that petitioner shall not be arrested till the submission of police report under Section 173 (2) Cr. P. C.
Considering the facts and circumstances of the case and the submissions advanced by learned counsel for the petitioner, we direct the Investigating Officer of the present case to conclude the investigation and submit the police report before the court concerned expeditiously preferably within a period of one month from the date of production of a certified copy of this order.
It is further 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. subject to his extending full cooperation during investigation.
The Additional Director, Economical Offence Wing is directed to ensure the compliance of this order.
With the aforesaid directions, the present petition stands disposed of.
The Registrar General of this Court is directed to send a copy of this order to the Additional Director, Economical Offence Wing for its compliance.
Order Date :- 27.11.2018 SA