Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 36945 of 2018 Petitioner :- Omveer And Another Respondent :- State Of U.P. And Others Counsel for Petitioner :- Jitendra Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Sanjay Kumar 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 28.11.2018 registered as Case Crime No.0629 of 2018, under Sections 420, 467, 468, 471, 272 IPC and Section 63, 64 of Excise Act, P.S.- Nawabganj, District- Farrukhabad.
It is submitted by learned counsel for the petitioners that the petitioners were neither arrested on the spot, nor any recovery has been made from them and they have been nominated as accused in the F.I.R. on the basis of the confessional statement made by co-accused Yaduveer who was arrested on the spot. Hence, no cognizable offence is said to be made out against the petitioners and the impugned F.I.R. 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 :- 18.12.2018 Shalini