Court No. - 37
Case :- CRIMINAL MISC. WRIT PETITION No. - 15855 of 2019 Petitioner :- Sushil Tiwari Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Sunil Counsel for Respondent :- G.A.
Hon'ble Karuna Nand Bajpayee,J. Hon'ble Sanjay Kumar Singh,J.
This writ petition has been filed seeking the quashing of F.I.R. dated 8.10.2018 registered as Case Crime No. 0345 of 2018, under Sections 419, 420, 467, 468, 471 IPC, P.S. Kotwali Katra, District Mirzapur. Heard learned counsel for petitioner and learned A.G.A. Perused the record.
Learned counsel for the petitioner has drawn our attention towards the orders dated 21.2.2019 and 12.12.2018 passed earlier with regard to co accused Gopal Prajapati and Dheeraj Kumar Tiwari in Criminal Misc Writ Petition Nos. 4874 of 2019 and 35041 of 2018 respectively, whereby the arrest of the accused has been put in abeyance during course of investigation. Submission is that case of the petitioner is not on worse footing than the co accused and in that view of the matter, the petitioner also deserves same protective respite. Certain other contentions have also been raised by the petitioner's counsel which relate to disputed questions of fact.
Though this court does not feel persuaded to quash the FIR, but keeping in view the overall facts and circumstances of the case and the nature of allegations and also keeping in view the various contentions raised on behalf of the petitioner, this Court deems it proper to direct that the petitioner shall not be arrested in above mentioned case, till the submission of the police report u/s 173(2) Cr.P.C. provided he shall co- operate with the investigation of the case.
It is clarified that this order has been passed only with regard to the accused on behalf of whom this writ petition has been moved in this Court.
With the aforesaid observations this writ petition is finally disposed off.
Order Date :- 6.6.2019 RavindraKSingh