Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 30471 of 2018
Petitioner :- Gayasuddin
Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pranesh Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
This petition has been filed by the petitioner with a prayer to quash the F.I.R. dated 18.04.2018 in Case Crime No.0836 of 2018, under Section 135-1(a) of Indian Electricity Act (Amendment) Act, 2003, Police Station Sahibabad, District Ghaziabad.
It is submitted by learned counsel for the petitioner that the impugned FIR has been lodged by respondent no.4 containing absolutely false and concocted allegations as a counter blast to the complaint filed against him by the petitioner. Moreover, apart from the bald allegations made in the impugned FIR no credible evidence whatsoever is coming forth even prima facie indicating the petitioner's complicity in the commission of the alleged crime and for the aforesaid reason the impugned F.I.R. is liable to be quashed.
Per contra, learned A.G.A. submitted that from the perusal of the impugned FIR and on the basis of the allegation made therein, it cannot be said that no cognizable offence is disclosed against the petitioner. Hence, the impugned FIR is not liable to be quashed.
After having heard learned counsel for the parties and perused the impugned FIR, we are not inclined to quash the same.
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 collected by the Investigating Officer during Investigation.
With the aforesaid direction, this petition is finally disposed of.
Order Date :- 27.10.2018 Anand Sri./-