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Indrajeet Yadav vs State Of U P And Others

High Court Of Judicature at Allahabad|18 December, 2018
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JUDGMENT / ORDER

Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 36843 of 2018 Petitioner :- Indrajeet Yadav Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sher Bahadur Yadav 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 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 09.12.2018 registered as Case Crime No.128 of 2018, under Sections 307, 504, 506 I.P.C., P.S.- Nijamabad, District- Azamgarh.
It is submitted by the learned counsel for the petitioner that no one has received any injury, hence, no cognizable offence is made out against the petitioner.
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 SKD
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Title

Indrajeet Yadav vs State Of U P And Others

Court

High Court Of Judicature at Allahabad

JudgmentDate
18 December, 2018
Judges
  • Bala Krishna Narayana
Advocates
  • Sher Bahadur Yadav