Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 24394 of 2018 Petitioner :- Sudarshan Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anoop Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri A.K. Singh, learned counsel for the petitioner, Sri Irshad Hussain, 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 27.4.2017 registered as case crime no. 312 of 2017 under sections 419, 420, 467, 468, 471, 409 I.P.C., police station Kotwali Padrauna, District Kushinagar.
Learned counsel for the petitioner submits that the impugned F.I.R. has been challenged by co-accused before this Court in Crl. Misc. Writ Petition No. 24124 of 2018 in which interim protection was granted to her vide order dated 31.8.2018, hence the petitioner is also entitled for the same relief.
Copy of the aforesaid order has been produced by learned counsel for the petitioner which is taken on record.
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 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 :- 5.9.2018 Shiraz