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Ravi Kumar vs State Of U P And Others

High Court Of Judicature at Allahabad|12 October, 2018


Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 29486 of 2018 Petitioner :- Ravi Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pankaj Kumar,Kaustubh Srivastava Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
Heard learned counsel for the petitioner, Mrs. Manju Thakur, 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 6.5.2006 registered as Case Crime No.49-A of 2006, under Sections 409, 419, 420, 467, 468, 471, 201, 218, 120B/34 I.P.C., Police Station-Gadwar, District Ballia.
Learned counsel for the petitioner submits that though the FIR is of the year 2006 but till date no charge sheet has been submitted against the petitioner and investigation is still pending. The said fact has been stated in paragraph no.12 of the writ petition. He further submits that similar FIRs were also registered which have been challenged before this Court in which some interim orders have been passed. He next argued that identically situated co-accused Smt. Kiran Devi along with six others, have earlier challenged the FIR of the present case by means of filing Crl. Misc. Writ Petition No. 5740 of 2017, which has been disposed of by another Bench of this Court vide order dated 17.4.2017 staying arrest of the said co-accused, copy of which has been annexed at page-36 of the writ petition, hence, arrest of the petitioner may also be stayed.
Learned A.G.A.opposed the prayer for quashing of the FIR.
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 they shall co-operate with the investigation of the case.
The Investigating Officer of the case is directed to conclude the investigation of the case within a period of one month from the date of production of a certified copy of this order.
The S.P., Ballia shall also ensure compliance of this order. With the above direction, this petition is finally disposed of.
Learned AGA shall also inform about this order to S.P., Ballia for its compliance.
Order Date :- 12.10.2018 HR
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Ravi Kumar vs State Of U P And Others


High Court Of Judicature at Allahabad

12 October, 2018
  • Bala Krishna Narayana
  • Pankaj Kumar Kaustubh Srivastava