Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 31108 of 2018 Petitioner :- Jitendra Chaudhari Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Bibhuti Narayan Singh Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Krishna Pratap Singh,J.
Heard learned counsel for the petitioner and learned AGA for the State.
This writ petition has been filed by the petitioner with the prayer to quash the F.I.R. dated 26.9.2018 registered as Case Crime No.362 of 2018, under Section 60 of U.P. Excise Act, 1910 and u/s 419, 420, 272, 259, 260 IPC, P.S.- Pharenda, District- Maharajganj.
It is submitted by learned counsel for the petitioner that the petitioner was neither arrested on the spot, nor any recovery has been made from his possession, but he has been nominated as accused in the F.I.R. on the basis of the information given by co-accused Jhinak, who was arrested on the spot.
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 :- 30.10.2018 Shalini