Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 37992 of 2018 Petitioner :- Rishabh Sharma Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Bhaskar Bhadra Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J.
Heard Sri Bhaskar Bhadra, learned counsel for the petitioner, Sri J.P. Tripathi, 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 15.10.2018 registered as case crime no. 628 of 2018 under sections 420, 406 I.P.C., police station Gajraula, District Jyotiba Phule Nagar.
Learned counsel for the petitioner submits that the impugned F.I.R. has been challenged by co-accused Sanjay Kumar Jha before this Court in Crl. Misc. Writ Petition No. 31821 of 2018 in which interim protection was granted to him vide order dated 02.11.2018, hence, the petitioner is also entitled for the same relief.
Copy of the aforesaid order has been annexed at page 23 as Annexure No.2 to the writ petition.
Learned A.G.A. opposed the prayer for quashing of the FIR 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 the nature of allegations, it is directed that the petitioner shall not be arrested in above mentioned case till 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.
(Raj Beer Singh, J.) (Ramesh Sinha, J.) Order Date :- 21.12.2018 Madhurima