Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 86 of 2019 Petitioner :- Patalu Dubey And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Saroj Kumar Tripathi Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioners; learned A.G.A. for the respondents 1, 2 and 3; and perused the record.
The instant petition seeks quashing of the first information report dated 03.04.2018 registered as Case Crime No.102 of 2018, under Sections 419, 420, 467, 468, 471, 120-B IPC, P.S.
Chandauli, District Chandauli.
The contention of the learned counsel for the petitioners is that though the allegation in the first information report is of execution of sale deed by fictitious persons and five persons are named in the first information report but the name of the petitioners is conspicuous by its absence. It has been submitted that during the course of investigation, the police has maliciously implicated the petitioners by disclosing that they were part of larger conspiracy.
It is the case of the petitioners that they have not signed any document and they have been falsely implicated. It has also been submitted that in a similar matter, in another case, by a separate order of date, the petitioner no.1 has been given protection till submission of police report under Section 173(2) Cr.P.C.
Considering the facts of the case, we deem it appropriate to dispose off this petition by providing that the investigation of the case shall continue and brought to its logical conclusion but the petitioner no.1 (Patalu Dubey), subject to his cooperation in the investigation, shall not be arrested till submission of police report under Section 173(2) Cr.P.C.
As it is reported that the petitioner no.2 (Sunil Dubey) has already been arrested, the aforesaid protection shall not be available to the petitioner no.2 though it shall be open to the petitioner no.2 to apply for bail.
With the aforesaid observation/direction, the petition is
disposed off.
Order Date :- 30.1.2019 AKShukla/-