Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 34665 of 2018 Petitioner :- Shiv Shankar Tripathi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Prateek Sinha Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Prateek Sinha, 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 by the petitioner with a prayer to quash the F.I.R. dated 27.8.2010 registered as case crime no. 05 of 2010 under sections 408, 409, 420, 467, 468, 471, 120-B I.P.C. and 13 (2) Prevention of Corruption Act, police station S.I.T., U.P. Lucknow.
Learned counsel for the petitioner submits that the impugned F.I.R. has been challenged by co-accused persons before this Court in Crl. Misc. Writ Petition No. 21017 of 2018 in which interim protection was granted to them vide order dated 3.8.2018 copy of which is annexed at page-30 of the present petition, hence the petitioner is also entitled for the same relief.
Learned A.G.A. opposed the prayer for quashing.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioners shall not be arrested in above mentioned case, till the 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.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 30.11.2018 Shiraz