Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 31074 of 2018 Petitioner :- Radha And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ravindra Pal Singh Kashyap 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 A.G.A. for the State.
This writ petition has been filed by the petitioners with the prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. dated 16.10.2018 registered as Case Crime No. 292 of 2018, under Section 272/273 and under Section 60/72 Uttar Pradesh Utpad Sulk/ Excise Act I.P.C., P.S.- Garipukhta, District- Shamali.
It is submitted by the learned counsel for the petitioners that although the petitioners are named in the F.I.R. but they were neither arrested on the spot nor any recovery has been made from them or on their pointing out.
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 :- 30.10.2018 C. MANI