Enamurrahman vs State Of U.P. And 2 Others
2018 Latest Caselaw 551 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 12406 of 2018
 
Petitioner :- Enamurrahman
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Mohammad Sadab Khan
 
Counsel for Respondent :- G.A.
 
Hon'ble Ramesh Sinha,J.

Hon'ble Dinesh Kumar Singh-I,J.

Heard Sri Mohd. Sadab Khan, learned counsel for the petitioner, Sri A.K. Sand, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.

This petition has been filed by the petitioner with a prayer to quash the FIR dated 10.2.2018, registered as case crime No.29 of 2018, under Sections 406, 419, 420, 467, 468, 504, 506 I.P.C., Police Station Kotwali Kalpi, District Jalaun.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case with malafide intention. He further submits that identically situated co-accused persons have already challenged the FIR of the present case by means of filing Crl. Misc. Writ Petition No.8372 of 2018, which has been disposed of by this Court vide order dated 4.4.2018 staying the arrest of the co-accused persons, copy of which is annexed as Annexurre-6 (at page-33) to the writ 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 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 :- 15.5.2018/NS