Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 34239 of 2018 Petitioner :- Anand Kumar Mishra Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kailash Nath Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the petitioner 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 30.9.2018 registered as Case Crime No. 187 of 2018, under Sections 419, 420, 467, 468, 471 IPC and 60, 63 of Excise Act, P.S.- Sikrara, District- Jaunpur.
It is submitted by learned counsel for the petitioner that petitioner has neither been named in the FIR nor he was arrested on the spot. It is next submitted that no recovery has been made from him. The impugned FIR discloses a dispute between two rival Committees of Management to control the affairs of Janta Inter College Duduli Guljarganj, Jaunpur.
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 :- 28.11.2018 AK Pandey