Court No. - 50
Case :- CRIMINAL MISC. WRIT PETITION No. - 16001 of 2020 Petitioner :- Wasim Akram Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Arvind Kumar Srivastava,Bhaju Ram Pprasad Sharma Counsel for Respondent :- G.A.
Hon'ble Anjani Kumar Mishra,J. Hon'ble Shekhar Kumar Yadav,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
By means of this petition, the petitioner has prayed for a writ, order or direction in the nature of certiorari quashing the impugned first information report dated 5.7.2020 registered as Case Crime No. 175 of 2020, under sections 419, 420, 467, 468, 471 IPC, P.S. Paniyara, District Maharajganj with a further prayer not to arrest the petitioner in pursuance of the aforesaid case.
Learned counsel for the petitioner submits that number of F.I.R.s were registered against the accused persons with respect to the allegation made in the impugned F.I.R. He submits that co-accused of similar set of fact has earlier approached this Court for quashing of the FIR by filing Criminal Misc. Writ Petition No. 4466 of 2020 in which interim protection has been granted in her favour by coordinate Bench of this Court on 6.3.2020, hence the petitioners are also entitled for the same relief, copy of the same is annexed on page 25 of the present petition.
Learned A.G.A.opposed the prayer for quashing of the FIR which discloses cognizable offence.
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 the above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. , if any, before the competent Court, but shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioners alongwith a self attested identity proof of the said person (s) (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 5.1.2021 RavindraKSingh