Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 26477 of 2018 Petitioner :- Surendra Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ajay Kumar Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Ajay Kumar, learned counsel for the petitioner Sri N.K.Verma, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
This petition has been filed by the petitioner with a prayer to quash the FIR dated 18.7.2013, registered as case crime No.239 of 2013, under Sections 409, 420, 120-B I.P.C. and 13(1) D read with Section 13(2) Anti Corruption Act, 1988, Police Station Kurawali, District Mainpuri.
Learned counsel for the petitioner submits that the petitioner is a Contractor and is running a Company in the name and style 'M/s. Jai Shiv Construction, Station Road, Mainpuri and has been falsely implicated in the present case with malafide intention. He further submitted that on similar allegation which was made with respect to another hospital, an FIR was registered which was challenged by the accused, namely, Ram Awadh Singh before this Court by means of filing Crl. Misc. Writ Petition No.2556 of 2018 in which interim protection was granted to him by a Coordinate Bench of this Court vide order dated 5.2.2018, copy of which has been produced and the same is taken on record, hence, the petitioner is also entitled for the same relief.
Learned A.G.A.opposed the prayer for quashing of the FIR 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, nature of the allegations and taking into account the fact the FIR is of the year 2013 and no effort was made by the Vigilance Department to arrest the police, 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.
It is made clear that the investigation of the case shall be concluded by the Vigilance Department within a period of three weeks from the date of production of a certified copy of this order.
The petitioner shall produce a certified copy of this order before the Investigating Officer of the case within one week from today, failing which the interim protection granted to him shall automatically stand discharged.
With the above direction, this petition is finally disposed of.
(Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.) Order Date :- 24.9.2018/NS