Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 33955 of 2018 Petitioner :- Abhishek Jain And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Amit Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
This writ petition has been filed by the petitioner with the prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. dated 4.10.2018 registered as Case Crime No. 813 of 2018, under Sections 419, 420, 467, 468, 471 IPC, P.S.- Kotwali, District-Bareilly.
It is submitted by learned counsel for the petitioners that the allegation made by respondent no.3 in the impugned FIR is against the petitioners, who are the owner and Manager of AKC Hundai show room. There is one invoice and two vehicle were registered on the same. It is submitted that some manipulation was done by the agent in connivance with some employee of R.T.O. office and got the vehicle registered on the invoice number of some other vehicle. He further submitted that apart from the bald allegations made in the impugned F.I.R., no credible evidence whatsoever is coming forth even prima facie indicating at the complicity of the petitioners in the commission of the alleged crime and the impugned FIR, which is a bundle of lies and product of malice, is liable to be quashed.
From the perusal of the F.I.R., it appears that on the basis of the allegations made therein, prima facie cognizable offence is made out. There is no ground for interference with the F.I.R. Therefore, the prayer for quashing the impugned F.I.R. is refused.
However, considering the nature of the allegations made in the F.I.R., the provisions of Section 157 Cr.P.C. and the view taken by the Apex Court in the case of Joginder Kumar Versus State of U.P.; 1994 Cr.L.J 1981, it is directed that the petitioner shall not be arrested in the abovementioned case, till the credible evidence is not collected by the Investigating Officer during investigation.
With the above directions, this petition is disposed of finally.
Order Date :- 27.11.2018 AK Pandey