Court No. - 37
Case :- CRIMINAL MISC. WRIT PETITION No. - 15791 of 2019 Petitioner :- Phool Singh @ Phool Chandra Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Ved Prakash Ojha Counsel for Respondent :- G.A.
Hon'ble Karuna Nand Bajpayee,J. Hon'ble Sanjay Kumar Singh,J.
This writ petition has been filed seeking the quashing of F.I.R. dated 08.4.2019 registered as F.I.R. No.51 of 2019, under Sections-406, 420, 504, 506 I.P.C., P.S.-Narahat, District-Lalitpur.
Heard learned counsel for petitioner.
Counsel for petitioner has placed reliance upon the order dated 22.4.2019 passed with regard to co-accused Pramod Niranjan and 2 others passed by a Coordinate Bench of this Court in Criminal Misc. Writ Petition No.10524 of 2019, whereby the arrest of the co-accused has been stayed till submission of police report u/s 173(2) of Cr.P.C. Submission is that the case of petitioner is not on worse footing than that of aforesaid co-accused and in view of the order passed with regard to aforesaid co-accused, the petitioner also deserves same protective respite. Certain other contentions have also been raised by the petitioner's counsel but all of them relate to disputed questions of fact.
Heard learned A.G.A. and perused the record.
Though this Court does not feel persuaded to quash the F.I.R. or the proceedings against the petitioner arising out of it as the case does not fall in any of the categories recognized by the Apex Court which may justify their quashing but in the wake of conspicuous facts and circumstances of the case and the nature of allegations and also keeping in view the order passed by this Court in favour of co-accused and also keeping in view the various contentions raised on behalf of the petitioner, this Court deems it proper to direct that the petitioner shall not be arrested in above mentioned case, till the submission of the police report u/s 173(2) Cr.P.C. provided he shall co-operate with the investigation of the case.
It is clarified that this order has been passed only with regard to the accused on behalf of whom this writ petition has been moved in this Court.
With the aforesaid observations this writ petition is finally disposed off.
Order Date :- 4.6.2019 M. Kumar