Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 20061 of 2018 Petitioner :- Vinay Kumar Singh Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Arpit Agarwal Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Akash Gupta, Advocate holding brief of Sri Arpit Agarwal, learned counsel for the petitioner, Sri N.K. Verma, 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 14.07.2018 registered as case crime no.561 of 2018 under sections 420, 467, 468, 471 I.P.C., police station Kotwali, District Bareilly.
Learned counsel for the petitioner submits that the petitioner happens to be guarantor of the co-accused Haripal Singh. The loan which was taken by the petitioner has been repaid and settled.
Learned A.G.A. opposed the prayer for quashing.
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.
The case of the petitioner is distinguishable from the case of co-accused named in the FIR.
With the above direction this petition is finally disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 26.7.2018 AU