Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 31255 of 2018 Petitioner :- Mrityunjay And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Dipak Kumar Tiwari 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 29.9.2018 registered as Case Crime No.943 of 2018, under Sections 420, 467, 468, 471, 406, 409 IPC, P.S.- Kotwali Orai, District- Jalaun.
It is submitted by learned counsel for the petitioners that the petitioners are farmers who are alleged to be the beneficiaries of the fraud committed by the bank officials in granting loan. It is further submitted that apart from the bald allegations made in the impugned F.I.R., no credible evidence whatsoever is 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 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 :- 31.10.2018 Shalini