Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 7962 of 2018 Petitioner :- Jahid And 6 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Jagdish Prasad Mishra Counsel for Respondent :- G.A.
Hon'ble Shashi Kant Gupta,J. Hon'ble Ajit Kumar,J.
Heard the learned counsel for the petitioners and the learned A.G.A.
This petition has been filed by the petitioners with a prayer to quash the F.I.R. of case crime no. 48 of 2018, under sections 147, 452, 323, 504, 506 & 120B I.P.C., Police Station Kakarauli, District Muzaffarnagar.
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 interfering in the F.I.R. Therefore, the prayer for quashing the impugned F.I.R. is refused.
However, considering the allegations 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 credible evidence is not available against them during the investigation or till submission of police report under Section 173 (2) Cr.P.C., whichever is earlier.
With the above direction this petition is finally disposed of.
Order Date :- 30.3.2018 vinay