Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 30593 of 2018 Petitioner :- Manik Chandra @ Raju And 5 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ashutosh Kumar Singh,Abhineet Jaiswal,Sheel Kumar Singh Counsel for Respondent :- G.A.,Bakhteyar Yusuf
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
Heard learned counsel for the petitioner, learned A. G. A. for the State and Sri Bakhteyar Yusuf, learned counsel for the respondent no. 4.
This writ petition has been filed by the petitioner with the prayer to quash the F. I. R., which has been registered as Case Crime No. 738 of 2018, under Sections-147, 323, 504, 506, 452, 336 and 392 I. P. C. at P. S.- Soraon, district-Allahabad.
It has been submitted by learned counsel for the petitioner that the impugned F. I. R. has been lodged against the petitioner as a counter blast. He has also submitted that apart from the bald allegations made in the f. I. R. there is no evidence even prima facie indicating at the complicity of the petitioner in the commission of the alleged crime, hence the impugned F. I. R., which is a bundle of lies, 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 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 :- 27.10.2018 HR