Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 26844 of 2018 Petitioner :- Vijay Kumar Gupta And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- R.P.S. Chauhan Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard 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 by the petitioner with a prayer to quash the F.I.R. dated 27.07.2018 registered as case crime no.521 of 2018 under sections 420, 406 I.P.C. police station Civil Lines, District Budaun.
Learned counsel for the petitioner submits that the impugned F.I.R. has been challenged by the co-accused before this Court in Crl. Misc. Writ Petition No.23702 of 2018 in which interim protection was granted to him vide order dated 28.08.2018, hence the petitioner is also entitled for the same relief.
Copy of the aforesaid order has been annexed at page no. 27 as Annexure No.2.
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 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 :- 25.9.2018 Madhurima