Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 30463 of 2018 Petitioner :- Mohan Pratap And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Prashant Sharma,Pankaj Sharma Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
This writ petition has been filed by the petitioners to issue a writ, order or direction in the nature of mandamus directing the respondents not to arrest the petitioners and with further prayer for quashing the impugned FIR dated 03.10.2018 registered as Case Crime No.350 of 2018, under Sections 452, 323, 504, 506, 354 I.P.C., Police Station Mandi Dhanaura, District J.P. Nagar.
It is submitted by learned counsel for the petitioners that the impugned FIR has been lodged by respondent no.4 as a counter blast to the FIR lodged against the son of respondent no.4 by the petitioner no.1 after an inordinate and unexplained delay of two months of the incident. Moreover, apart from the bald allegations made in the impugned FIR no credible evidence whatsoever is coming forth even prima facie indicating their complicity in the commission of the alleged crime and for the aforesaid reason the impugned F.I.R. is liable to be quashed.
Per contra, learned A.G.A. submitted that from the perusal of the impugned FIR and on the basis of the allegation made therein, it cannot be said that no cognizable offence is disclosed against the petitioners, hence the impugned FIR is not liable to be quashed.
After having heard learned counsel for the parties and perused the impugned FIR, we are not inclined to quash the same.
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 :- 27.10.2018 Anand Sri./-