Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 31125 of 2018 Petitioner :- Manoj Gupta And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Juned Alam 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 10.10.2018 registered as Case Crime No.509 of 2018, under Sections 420, 467, 468, 471, 272, 273 IPC, u/s 60, 63, 72 Excise Act, u/s 103, 104 Trade Mark Act, and u/s 54, 64 Copyright Act, P.S.- Taraya Sujan, District- Kushi Nagar.
It is submitted by learned counsel for the petitioners that petitioner nos.1 and 2 are son and father, who have been falsely implicated in the present case on the basis of the information of police informer, although neither they were arrested on the spot, nor any recovery has been made from their possession.
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 :- 30.10.2018 Shalini