Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 30240 of 2018 Petitioner :- Riyasatulla Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- S.M. Iqbal Hasan Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
Heard learned counsel for the petitioner, 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 31.08.2018, registered as Case Crime No. 352 of 2018, under Section 3/7 Essential Commodities Act, 1955 and u/s 420 IPC, Police Station Afzalgarh, District Bijnor.
Learned counsel for the petitioner submits that the petitioner is an old person aged about 69 years old and is suffering from various chronic disease person and he has been falsely implicated in the present case though he has no role in the commission of the offence.
Learned A.G.A. opposed the prayer for quashing of the FIR.
Considering the facts and also taking into account the fact that the petitioner is an old person aged about 69 years old and suffering from various chronic disease, 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.
Order Date :- 26.10.2018 Shalini