Hon'ble Vishnu Chandra Gupta,J.
Heard the learned counsel for the petitioner, the learned A.G.A. and Sri Manish Singh Chauhan, learned counsel for the complainant.
This petition has been filed by the petitioner Jitendra Prasad with a prayer to quash the impugned F.I.R. in case crime no. 1358 of 2013, under sections 419, 420, 468, 352 I.P.C. P.S. Nanpara, district Bahraich.
From the perusal of the impugned F.I.R. it appears that on the basis of the allegations made therein a prima facie offence is made out. There is no ground for interference in the impugned F.I.R. Therefore, the prayer for quashing the impugned F.I.R. is refused.
The interim order dated 11.3.2014 is hereby vacated.
However, considering the nature of the allegations made in the impugned 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 petitioner shall not be arrested in above mentioned case, till the credible evidence is not collected by the I.O. during pendency of the investigation.
With the above direction this petition is finally disposed of.
Order Date :- 31.7.2014 RPD