Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 23407 of 2018 Petitioner :- Rajendra Nath Kapoor Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Azhar Hussain Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Azhar Hussain, learned counsel for the petitioner, Sri N.K. Verma, 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 27.04.2006 registered as case crime no.182 of 2006 under sections 471, 467, 468, 469, 420, 120B I.P.C., police station Kabarai, District Mahoba.
Learned counsel for the petitioner submits that the co-accused person Kamta Prasad has challenged the impugned FIR by means of a Crl. Misc. Writ petition No.22584 of 2018 (Kamta Prasad vs. State of U. and 3 others) before this Court and this Court has granted relief by an order dated 20.08.2018, copy of the same is on record at page 32, similarly the other co-accused Chheda Lal Anuragi has also challenged the impugned FIR by means of a Crl. Misc. Writ Petition NO. 21038 of 2018 (Chheda Lal Anuragi vs. State of U.P. and others) before this Court and this Court has granted relief by and order dated 3.8.2018, copy of the same is on record page-33, 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 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 :- 27.8.2018 AU