Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 25489 of 2018 Petitioner :- Taufique Akhatar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Adil Jamal Counsel for Respondent :- G.A.,Ramanand Gupta Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Adil Jamal, learned counsel for the petitioner, Sri Rama Nand Gupta, learned counsel for the caveator/respondent no.4, Sri Irshad Husain, learned brief holding appearing 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 28.09.2017, registered as case crime No.1069 of 2017, under Sections 420, 467, 468, 471, 447, 386, 341, 504, 506, and 120-B, IPC, P.S.
Chakeri, District Kanpur Nagar.
Learned counsel for the petitioner submits that the co-accused namely Mohd Faizan and anothers, Shamshad Alam and 3 others, Abu Baqar @ Shanu, Noor Alam and Mansoor Khan, have challenged the present FIR before this Court by means of filing Criminal Misc. Writ Petition Nos.23056 of 2018, 23963 of 2018, 23877 of 2018, 23832 of 2018 and 23930 of 2018, in which interim protection have been granted to them by this Court vide order dated 24.08.2018 and 30.08.2018, respectively. Copy of which have been annexed at page nos. 44 to 49 of the present petition.
Learned counsel for the caveator as well as learned A.G.A. opposed the prayer for quashing of the F.I.R. which discloses cognizable offence.
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 :- 13.9.2018/VKG