Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 34040 of 2018 Petitioner :- Kuldeep Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ram Raj Pandey Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Sanjay Kumar 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 2.11.2018 registered as Case Crime No.1182 of 2018, under Section 63 Excise Act and Section 420, 467, 468, 471 IPC, P.S.- Baraut, District- Baghpat.
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 him and his name as an accused has been written in the F.I.R. on the basis of the statement made by the driver of the vehicle which was intercepted. He further submitted that apart from the bald allegations made in the impugned F.I.R. no evidence is forthcoming even prima facie indicating at the complicity of the petitioner in the commission of the alleged crime and 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 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 :- 27.11.2018 Shalini