Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 10609 of 2018 Petitioner :- Sonsingh Respondent :- State Of U.P. And 3 Ors.
Counsel for Petitioner :- Prabhakar Tripathi,Hanuman Prasad Kushwaha Counsel for Respondent :- G.A.,Gopal Khare,Udai Narain Khare
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Hanuman Prasad Kushwaha, learned counsel for the petitioner, Sri Gopal Khare, learned counsel for the private respondent, Sri N.K. Verma, 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 01.04.2018 registered as case crime no.137 of 2018 under sections 306, 504, 500, 34 IPC and section 13 (1) 7 of Prevention of Corruption Act, police station Talbehat, District Lalitpur.
Learned counsel for the petitioner submits that the co-accused Roopesh Kumar Niranjan has challenged the impugned FIR by means of Crl. Misc. Writ Petition No.9416 of 2018 before this Court and this Court has granted relief to the co-accused person vide order dated 13.4.2018 (copy of the same has been produced which is taken on record), hence the petitioner is also entitled for the same relief on the ground of parity.
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 petitioner 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 :- 25.4.2018 AU