Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 30562 of 2018 Petitioner :- Ali Hasan And 5 Others Respondent :- State Of U.P. And Another Counsel for Petitioner :- Prashant Sharma,Pankaj Sharma Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,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., which has been registered as Case Crime No. 580 of 2018, under Sections-147, 148, 149, 452, 307, 504, 326, 354 Kha, 376, 511 and 427 I. P. C. at P. S.-Gajraula, district-J. P. Nagar (Amroha).
It has been submitted by learned counsel for the petitioners that the impugned F. I. R. has been lodged on 21.9.2018 in pursuance of the order passed on the application under Section 156 (3) Cr. P. C. moved by the respondent no. 3 in respect of an incident which is alleged to have taken place on 20.2.2018. Moreover, apart from the bald allegations made in the F. I. R., there is no evidence even prima facie indicating at the complicity of the petitioners in the commission of the alleged crime, hence the impugned F. I. R. 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 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 :- 27.10.2018 HR