Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 30762 of 2018 Petitioner :- Rajesh Rai Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anil Kumar Srivastava,Sunil Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Krishna Pratap Singh,J.
Heard learned counsel for the petitioner and learned AGA for the State.
This writ petition has been filed by the petitioner with the prayer to quash the F.I.R. dated 2.10.2018 registered as Case Crime No.625 of 2018, under Sections 419, 420, 467, 468, 471, 272, 273, 307 IPC and 60/63 U.P. Excise Act, P.S.- Rohaniya, District- Varanasi.
It is submitted by learned counsel for the petitioner that petitioner is the landlord of the premises where the offences in question were committed which he had leased to one Mool Chand I.T.I. College. Copy of the rent deed has been brought on record as Annexure-6 to the writ petition.
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 petitioner 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 :- 29.10.2018 Shalini