Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 33858 of 2018 Petitioner :- Arun Kumar And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vijay Tripathi,Rajeev Kumar Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the petitioner and the learned A.G.A.
This petition has been filed by the petitioner with a prayer to quash the F.I.R. in Case Crime No. 564 of 2018, under Sections 420, 467, 468, 471, 255, 259, 260, 272 I.P.C. and Section 60, 72 U.P. Stamp Duty/Excise Act, P.S. Kurawali, District Mainpuri.
Learned counsel for the petitioners submitted that the petitioners are neither arrested on the spot nor any recovery has been made from them and they have been nominated as accused in the F.I.R. on the basis of the confessional statement made by co-accused, Anoop and Gopal who were arrested on the spot.
From the perusal of the impugned F.I.R, it appears that on the basis of the allegations made therein a prima facie cognizable offence is made out. There is no ground for interference in 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 Vs. State of U.P. 1994 Cr.L.J 1981, it is directed that the petitioner shall not be arrested in above mentioned case, till the credible evidence is not collected by the Investigating Officer during Investigation.
With the aforesaid direction, this petition is finally disposed of.
Order Date :- 27.11.2018 SA