Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 16182 of 2020 Petitioner :- Satendra Kumar And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ajendra Kumar Counsel for Respondent :- G.A.
Hon'ble Bachchoo Lal,J.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the petitioners, learned A.G.A. for the respondent nos. 1, 2 and 3 and perused the record.
The present writ petition has been filed by the petitioners for quashing the FIR dated 24.12.2019 registered as Case Crime No. 311 of 2019, under section 420, 467, 468, 471 IPC, P.S. Awagarh, District Etah with a further prayer not to arrest the petitioners in pursuance of the aforesaid FIR.
Learned counsel for the petitioners submits that the allegation against the petitioners is that petitioners prepared a forged N.C.C.T. brain report of injured Satendra Kumar (petitioner no. 1). It has further been submitted that the FIR of the case was lodged by co-accused Turram Singh and in that case the trial is going on. Only in trial it could be decided whether the C.T. Scan report is forged or not, at this stage no offence is made out against the petitioners. It has further been submitted that in this case interim relief has been granted to co-accused Turram Singh by Coordinate Bench in Criminal Misc. Writ Petition No. 2299 of 2020 vide order dated 10.2.2020. The case of petitioners is also identical to that of co-accused Turram Singh.
Per contra; learned A.G.A. opposed the prayer for quashing the FIR.
Considering the facts and circumstances of the case and keeping in view that interim relief has been granted to co- accused Turram Singh by coordinate bench, we dispose of this writ petition with the direction that the petitioners shall not be arrested in the aforementioned case till submission of police report under section 173(2) Cr.P.C. provided the petitioners participate and cooperate with the investigation. In case the police report has already been submitted under section 173(2) Cr.P.C. the petitioners shall not be entitled to get any benefit of this order.
Order Date :- 8.1.2021 Masarrat