Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 30542 of 2018 Petitioner :- Pooran Lal And 6 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Arpit Agarwal 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 AGA for the State.
This writ petition has been filed by the petitioners with the prayer to quash the F.I.R. dated 30.9.2018 registered as Case Crime No.0447 of 2018, under Sections 147, 148, 504 and 506 of IPC and Section 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. P.S.- Bisalpur, District- Pilibhit.
It is submitted by learned counsel for the petitioners that the impugned F.I.R. has been lodged after inordinate and unexplained delay of ten days from the commission of alleged offence.
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 :- 27.10.2018 Shalini