Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 34333 of 2018 Petitioner :- Arvind Agarwal Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Satendra Kumar Counsel for Respondent :- G.A.,Zafeer Ahmad
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 16.11.2018 registered as Case Crime No. 262 of 2018, under Sections 436, 504, 506 I.P.C., P.S.- Kotwali, District- Moradabad.
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 SKD/AK Pandey