Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 30352 of 2018 Petitioner :- Vidya Sagar Pandey Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Arvind Prabodh Dubey,Ashok Kumar Giri Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri A.P. Dubey, learned counsel for the petitioner, 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 with the prayer to quash the wanted report dated 27.09. 2018 in Case Crime No. 982 of 2009 under sections 409, 120B, 201 IPC and 13 (1) C, 13 (1) D read with 3(2) Prevention of Corruption Act, PS. Sikari Ganj, District Gorakhpur.
Learned counsel for the petitioner submits that interim protection has been granted to co-accused Prithvi Nath Tiwari by this Court vide order dated 11.02.2010 in Crl. Misc. Writ Petition No. 2244 of 2010, hence, the petitioner is also entitled for the same relief.
Copy of the aforesaid order has been annexed at page 65 as annexure No. 6.
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 petitioner shall not be arrested in above mentioned case till submission of the police report under section 173(2) Cr.P.C. but he shall co-operate with the investigation of the case.
The investigating officer of the present case is further directed to file the police report under section 173(2) Cr.P.C. within three weeks from the date of production of certified copy of this order.
Director (Vigilance) is also directed to comply with this order. With the above direction this petition is finally disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 26.10.2018/Madhurima