Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 23186 of 2018 Petitioner :- Vijai Bahadur Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sukendu Pal Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Sukendu Pal Singh, learned counsel for the petitioner, Sri Narendra Kumar Tiwari, learned Brief Holder appearing for the State and perused the impugned F.I.R. as well as material brought on record.
This writ petition has been filed by the petitioner for quashing the impugned FIR dated 05.08.2007 registered as Case Crime No. 220 of 2007, under Section 406/120B IPC & Section 13(1)(d) read with section 13(2) Prevention of Corruption Act, Police Station Delhi Gate, District Meerut.
Learned counsel for the petitioner submits that the impugned F.I.R. has been challenged by co-accused persons before this Court in Criminal Misc. Writ Petition No. 4664 of 2018, Criminal Misc. Writ Petition No.10986 of 2018 and Criminal Misc. Writ Petition No. 20740 of 2018 in which interim protection have been granted to them by a Coordinate Bench of this Court as well as by this Court vide orders dated 23.2.2018, 01.5.2018 and 01.08.2018, copies of which have been annexed at pages- 170 to 175 of the wit petition, hence the petitioner is also entitled for the same relief.
Learned A.G.A. opposed the prayer for quashing of the FIR 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 willl co-operate with the investigation of the case.
The Investigating Officer of the case is further directed to conclude the investigation of the present case and submit a police report before the Magistrate concerned expeditiously preferably within a period of four weeks from the date of production of a certified copy of this order.
With the above direction, this petition is finally disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 24.8.2018 Puspendra