Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 20201 of 2018 Petitioner :- Kalyan Singh And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Diwakar 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 F.I.R. dated 09.12.2016 registered as Case Crime No.879 of 2016, under Sections 420, 467, 468, 471, 120-B I.P.C., Police Station Banna Devi, District Aligarh.
From a 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 petitioners shall not be arrested in the abovementioned case, till the credible evidence is not collected by the Investigating Officer during investigation.
With the above direction, this petition is disposed of finally.
Order Date :- 27.7.2018 Anand Sri./-