Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 25677 of 2018 Petitioner :- Shashi Kant Rajbhar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Bhawesh Pratap Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri B.P. Singh, learned counsel for the petitioner, 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 7.9.2017, registered as Case Crime No.1109 of 2017, u/s 419, 420, 467, 468, 471, 447 IPC, P.S. Lanka, district Varanasi.
Learned counsel for the petitioner submits that co-accused of the present case had earlier approached this court for quashing of the FIR by filing Criminal Misc. Writ Petition No.23831 of 2018 in which interim protection has been granted in his favour by this Court on 30.8.2018, hence the petitioner is also entitled for the same relief, copy of the same is annexed on page 46 of the present petition. He further submits that initially FIR was registered u/s 419, 420, 467, 468, 471 IPC but during the course of investigation, Section 447 IPC has been added in the present case.
Learned A.G.A. opposed the prayer for quashing 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 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 :- 17.9.2018 Gaurav