Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 33782 of 2018 Petitioner :- Akbar And 6 Others Respondent :- State Of U.P. And 2 Othrs Counsel for Petitioner :- Rajesh Kumar Mishra Counsel for Respondent :- G.A.,Mirza Ali Zulfaqar
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 petitioners with the prayer to quash the F.I.R. dated 14.11.2018 registered as Case Crime No. 0789 of 2018, under Sections 420, 120-B, 406, 147, 148, 149, 307, 504, 506 I.P.C., P.S.-
Shahabad, District- Rampur.
It is submitted by learned counsel for the petitioners that the application moved by the respondent No. 3 under Section 156 (3) Cr.P.C. was directed to be treated as complete by the concerned Magistrate. The order of the Magistrate was challenged by the respondent No. 3 before the revisional court. The revision was allowed and the revisional court after setting-aside the order of the Magistrate remitted the matter back to the C.J.M. for passing a fresh order in the matter. On remand, the Magistrate passed an order for registration of the F.I.R. He next submitted that the revisional order by which the matter was remanded back to the C.J.M. was stayed by this Court in Application U/S 482 No. 40417 of 2018 vide order dated 13.11.2018. He next submitted that in view of the above, the impugned F.I.R. is liable to be quashed.
We do not find any merit in the submission made by the learned counsel for the petitioners as the order registering the F.I.R. was passed by the C.J.M. before the remand order was stayed by this Court. Hence, the impugned order is not liable to be quashed.
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 petitioners 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 :- 26.11.2018 Abhishek