Court No. - 36
Case :- CRIMINAL MISC. WRIT PETITION No. - 6062 of 2017 Petitioner :- Ujir @ Kundan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Onkar Nath Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Mrs. Rekha Dikshit,J.
Heard Sri Onkar Nath, learned counsel for the petitioner, Sri Gaurav Pratap Singh, 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 19.11.2016 registered as case crime no. 470 of 2016, under section 60 of Excise Act and Sections 420, 467, 468 I.P.C., police station Aliganj, District Etah.
Learned counsel for the petitioners submits that the impugned F.I.R. has been challenged by co-accused persons before this Court in Crl. Misc. Writ Petition No. 5704 of 2017 in which interim protection was granted to them vide order dated 13.4.2017, hence the petitioners are also entitled for the same relief.
Copy of the aforesaid order has been annexed at page no. 25 of the writ petition.
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 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.
(Mrs. Rekha Dikshit, J.) (Ramesh Sinha, J.) Order Date :- 19.4.2017 Manoj