Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 15952 of 2019 Petitioner :- Ved Prakash Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Prabhakar Dubey Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri Prabhakar Dubey, learned counsel for the petitioner, Sri Deepak Mishra, 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 25.5.2019, registered as Case Crime No.81 of 2019, under Section 3/7 E.C. Act, Police Station Khesaraha, District Siddharth Nagar.
Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case. He further submitted that in similar matter, this Court has been pleased to grant interim protection to one Gopal Ji in Crl. Misc. Writ Petition No.38018 of 2018 vide order dated 21.12.2018, copy of which is annexed at page-17 of the writ petition, hence, the petitioner is also entitled for the same relief.
Learned A.G.A. opposed the prayer for quashing of the F.I.R. 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.
(Vivek Varma,J..) (Ramesh Sinha, J.) Order Date :- 10.6.2019/NS