Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 26341 of 2018 Petitioner :- Ramishwar Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Harish Chandra Singh,Anand Pal Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri H.C. Singh, 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 2.9.2018 registered as case crime no. 423 of 2018 under section 419, 420, 467, 468, 471, 409 I.P.C., police station Kotwali Padrauna, District Kushinagar.
Learned counsel for the petitioner submits that the impugned F.I.R. has been challenged by co-accused Rajesh Kumar, who case is identical to that of the petitioner, before this Court in Crl. Misc. Writ Petition No. 25930 of 2018 in which interim protection was granted to him vide order dated 18.9.2018, 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 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.
The case of the petitioner is distinguishable from other co-accused persons.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 24.9.2018 Shiraz