Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 26665 of 2018 Petitioner :- Rajesh Sharma Respondent :- State Of U.P. And 02 Others Counsel for Petitioner :- Rama Shankar Mishra Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri R.S.Mishra, learned counsel for the petitioner, Sri N.K.Verma, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
This petition has been filed by the petitioner with a prayer to quash the FIR dated 6.5.2018, registered as case crime No.852 of 2018, under Sections 420, 467, 468, 471, 506, 120-B I.P.C., P.S. Sihani Gate, District Ghaziabad Learned counsel for the petitioner submits that the impugned F.I.R. has been challenged by co-accused, namely, Gurdayal Singh Deshwal before this Court in Crl. Misc. Writ Petition No.14521 of 2018, in which interim protection was granted to him by this Court vide order dated 31.5.2018, hence the petitioner is also entitled for the same relief.
Copy of the aforesaid 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 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. (Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.) Order Date :- 25.9.2018 NS