Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 20365 of 2018 Petitioner :- S. K. Sahani Alias Surendra Kumar Sahani Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajesh Kumar Srivastava,Virendra Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Sri Lalit Srivastava, Advocate has filed his power on behalf of respondent no.3 which is taken on record.
Heard Sri R.K. Srivastava, learned counsel for the petitioner, Sri Lalit Srivastava, learned counsel for the respondent no.3 and Sri G.P. Singh, 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 30.6.2018, registered as Case Crime No.113 of 2018, u/s 420, 467, 468, 471, 504, 506, 120-B IPC, P.S. Chhatta, district Agra.
Learned counsel for the petitioner submits that co-accused persons of the present case have earlier approached this court for quashing of the FIR by filing Criminal Misc. Writ Petition No.19062 of 2018 in which interim protection has been granted in their favour by this Court on 18.7.2018, hence the petitioner is also entitled for the same relief, copy of the same is annexed on page 119 of the present petition.
Learned A.G.A. and learned counsel for the respondent no.3 opposed the prayer for quashing but could not dispute the aforesaid fact as argued by learned counsel for the petitioners.
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 :- 30.7.2018 Gaurav