Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 37132 of 2018 Petitioner :- Raj Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shiv Kumar Gupta,Lal Sahab Yadav Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri S.K. Gupta, learned counsel for the petitioner, Sri N.K. Tiwari, 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 16.11.2018 registered as case crime no. 402 of 2018 under sections 420, 467, 468, 471 I.P.C., police station Patiyali, District Kasganj.
Learned counsel for the petitioner submits that the F.I.R. of the present case has been lodged after three and half years of the incident on the basis of application under section 156 (3) Cr.P.C. The impugned F.I.R. has been challenged by co-accused persons before this Court in Crl. Misc. Writ Petition No. 35924 of 2018 in which interim protection was granted to them vide order dated 11.12.2018, hence the petitioner is also entitled for the same relief.
Copy of the said order has been produced by learned counsel for the petitioner which is taken on record.
Learned A.G.A. opposed the prayer for quashing but could not dispute the aforesaid fact as argued by learned counsel for the petitioner.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioners 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.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 18.12.2018 Shiraz