Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 31194 of 2018 Petitioner :- Mohammad Anas Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ram Krishna 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 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. 174 of 2018, under Sections-379, 411, 279, 336, 431, 432 and 120-B I. P. C., Sections-4 and 21 of Mines and Minerals (Regulation of Development) Act and Sections-3 and 5 of Prevention of Damages to Public Property Act at P. S.- Panwari, district-Mahoba.
It has been submitted by learned counsel for the petitioners that the petitioner is not named in the F. I. R. His name as an accused surfaced for the first time during investigation.
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 :- 31.10.2018 HR