Court No. - 54
Case :- CRIMINAL MISC. WRIT PETITION No. - 4635 of 2019 Petitioner :- Ragib Gayayoor And 5 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- J.P. Pandey Counsel for Respondent :- G.A.
Hon'ble Pritinker Diwaker,J. Hon'ble Raj Beer Singh,J.
Heard Sri J P Pandey, learned counsel for the petitioners and Sri Rajiv Lochan Dwivedi, learned A.G.A. for respondent nos. 1 and 2.
This writ petition has been filed by the petitioners, seeking quashment of FIR dated 4.9.2018 in respect of Crime No.1020 of 2018 for the offence under Section 3/7 of Essential Commodities Act, 1955 and Section 66 (D) of Information Technology Act, 2000, P.S. Kotwali City, District Muzaffar Nagar.
Learned counsel for the petitioners submits that in the case of co-accused Gyasuddin, a protective order has already been passed by this Court in Criminal Misc. Writ Petition No.2058 of 2019 and the case of the petitioners is almost identical to that of co-accused.
Learned State Counsel, though opposes the submission made by counsel for the petitioners, however, he is not in a position to dispute that the fact that the case of co-accused is almost similar to that of petitioners.
Considering the facts and circumstances of the case and the allegations levelled against the petitioners as well as maintaining the parity, we are not inclined to quash the criminal proceedings.
However, we finally dispose of this petition with a direction to the State authorities that no coercive action shall be taken against the petitioners in respect of above stated crime number till the submission of charge sheet under Section 173(2) of Cr PC before the court concerned.
It is made clear that this order would remain effective till the petitioners cooperate in the investigation.
Order Date :- 21.2.2019 RKK/-