Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 22739 of 2018 Petitioner :- Ram Asrey Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Prateek Sinha,Amar Nath Sinha Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Prateek Sinha, 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 with the prayer to quash the F.I.R. dated 26.08.2010 registered as Case Crime No. 04 of 2010, under Sections 408, 409, 420, 467, 468, 471, 120-B I.P.C. & 13(2) Prevention of Corruption Act, Police Station S.I.T., U.P. Lucknow (State Vs Kamlesh Kumar Pandey & others) Learned counsel for the petitioner submits that indenticlly situated co- accused persons of the present case have earlier approached this court for quashing of the FIR by filing Criminal Misc. Writ Petition Nos. 21008 of 2018 and 21017 of 2018 in which interim protection has been granted in their favour by this Court on 03.08.2018 and on 03.08.2018, hence the petitioner is also entitled for the same relief, copy of the same is annexed on pages 47 and 48 of the present petition.
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 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 :- 21.8.2018 Ashok Gupta