Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 34163 of 2018 Petitioner :- Master Durvesh Tomar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Virendra Kumar Jaiswal,Ashok Kumar Singh 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 A.G.A. for the State.
This writ petition has been filed by the petitioner with the prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. dated 13.6.2018 registered as Case Crime No. 0108 of 2018, under Sections 328, 377, 504, 506 IPC and Section 66A I.T. Act, P.S.- Bahadurgarh, District- Hapur.
It is submitted by learned counsel for the petitioner that the impugned FIR was lodged by respondent no.4 as a counterblast to the application moved by petitioner under Section 156(3) Cr.P.C. against him. Moreover, apart from bald allegations made in the F.I.R., no evidence whatsoever is forthcoming even prima facie indicating at the complicity of the petitioner in the commission of alleged crime, and hence the impugned F.I.R., which is a product of malice and 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 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 AK Pandey