Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 36910 of 2018 Petitioner :- Ankit Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Jitendra Singh 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 AGA for the State.
This writ petition has been filed by the petitioner with the prayer to quash the F.I.R. dated 18.11.2018 registered as Case Crime No.1166 of 2018, under Sections 419, 420, 467, 468, 471, 120-B I.P.C. and Section 3/9 Public Examination Act, 1982, P.S.- Majhola, District- Moradabad.
Learned counsel for the petitioner submitted that the petitioner is named in the F.I.R. on the basis of confessional statement of co-accused Sachin and Jitendra, who were arrested on the spot. Neither any recovery has been made from him nor there is any credible evidence against him.
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 :- 18.12.2018 Abhishek