Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 31237 of 2018 Petitioner :- Mohammad Farid 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 AGA for the State.
This writ petition has been filed by the petitioner with the prayer to quash the F.I.R. dated 3.9.2018 registered as Case Crime No.173 of 2018, under Sections 379, 411, 279, 336, 431, 432, 120-B IPC, Sections 4 and 21 of Mines and Mineral (Regulation of Development) Act, 1957 and Section 3 and 5 of Prevention of Damage to Public Property Act, 1984, P.S.- Panwari, District- Mahoba.
It is submitted by learned counsel for the petitioner that the petitioner has been nominated as an accused only on the basis of suspicion and there is no credible evidence whatsoever, forthcoming even prima facie indicating at the complicity of the petitioners in the commission of the alleged crime and the impugned F.I.R., which is a bundle of lies and product of malice, 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 :- 31.10.2018 Shalini