Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 30851 of 2018 Petitioner :- Karuna Shankar And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajesh Dwivedi 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 A.G.A. for the State.
This petition has been filed by the petitioner with a prayer to quash the F.I.R. dated 25.082018 in Case Crime No.281 of 2018 under Sections 457, 392, 376, 506 IPC, Police Station Bithoor, District Kanpur Nagar.
It is submitted by learned counsel for the petitioner that the impugned F.I.R. has been lodged by the respondent no. 3 against the petitioners, who are father-in-law and brother-in-law with ill motive the petitioners containing absolutely false and concocted allegations regarding commission of offences by them 457, 392, 376, 506 IPC. It has next submitted that the impugned F.I.R. has been lodged after delay of 25 days and no explanation has been given for such delay. . Moreover, apart from the bald allegations made in the impugned FIR no credible evidence whatsoever is coming forth even prima facie indicating the petitioner's complicity in the commission of the alleged crime and the impugned FIR qua the petitioner is liable to be quashed.
Per contra, learned A.G.A. submitted that from the perusal of the impugned FIR and on the basis of the allegations made therein, it cannot be said that no cognizable offence is disclosed against the petitioner. As far as the question of lack of evidence in support of the allegations made in the impugned FIR is concerned the same shall be collected during investigation and the impugned FIR is not liable to be quashed on the basis of the submissions advanced by the learned counsel for the petitioner.
After having heard learned counsel for the parties and perused the impugned FIR, we are not inclined to quash the same.
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 Vs. 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 collected by the Investigating Officer during Investigation.
With the aforesaid direction, this petition is finally disposed of.
Order Date :- 29.10.2018 Pr/-