Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 30335 of 2018 Petitioner :- Geeta And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Abhishek Tiwari Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
This writ petition has been filed by the petitioners with the prayer to quash the FIR dated 25.9.2018 as Case Crime No. 804 of 2018, under sections 147, 148, 452, 323, 504, 506 IPC, P.S. Dankaur, District Gautam Budh Nagar.
It is submitted by learned counsel for the petitioners that the impugned FIR has been lodged by the respondent no. 3 Smt. Neetu as a counter blast to the FIR lodged by petitioner No. 1 who is sister-in-law of O.P. No. 2 under sections 147, 148, 354(kha), 452, 394 IPC. He next submitted that apart from the bald allegations made in the impugned FIR no credible evidence whatsoever is coming forth even prima facie indicating at the petitioners complicity in the commission of the alleged crime and for the aforesaid reason the impugned FIR is liable to be quashed From the perusal of the FIR, 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 FIR. Therefore, the prayer for quashing the impugned FIR is refused.
However, considering the nature of the allegation made in the FIR, 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 petitioners shall not be arrested in the 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 :- 26.10.2018 RPD