Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 23384 of 2018 Petitioner :- Priyamvadasinvhal Sharma Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- K.K.Rao Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri K.K. Rao, learned counsel for the petitioner, Sri Deepak Mishra. 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 6.6.2018 registered as case crime no. 867 of 2018 under sections 420, 406, 506, 467, 468, 471, 120-B I.P.C., police station Sector- 20, District Gautam Budh Nagar.
Learned counsel for the petitioner submits that the main allegation of taking money for providing admission in the St. Martinus University is against accused Manoj and Raghav. The petitioner is not named in the F.I.R. He further submits that co-accused Varun Seth has challenged the present F.I.R. before this Court in Crl. Misc. Writ Petition No. 15671 of 2018 in which his arrest was stayed by this Court vide order dated 6.7.2018 copy of which has been annexed at page-152 of the present petition. He submits that the case of the petitioner is on much better footing to the case of co-accused Varun Seth, hence the petitioner is also entitled for the same relief.
Learned A.G.A. opposed the prayer for quashing.
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 the submission of the police report under section 173(2) Cr.P.C. but he shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
The case of the petitioner is distinguishable from co-accused Manoj and Raghav.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 27.8.2018 Shiraz