Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 31246 of 2018 Petitioner :- Kamta Singh And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Yogesh Agarwal,Sanjay Singh Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Krishna Pratap Singh,J.
Heard learned counsel for the petitioners and learned AGA for the State.
This writ petition has been filed by the petitioners with the prayer to quash the F.I.R. dated 2.6.2018 registered as Case Crime No.0112 of 2018, under Section 379, 411 IPC, Section 4/21 of Mines Act, Section 3 of Prevention of Damages to Public Property Act, P.S.- Naraini, District- Banda.
It is submitted by learned counsel for the petitioners that petitioners are not named in the F.I.R., hence the impugned F.I.R. is liable to be quashed.
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 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 directions, this petition is disposed of finally.
Order Date :- 31.10.2018 Shalini