Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 33742 of 2018 Petitioner :- Rajesh Sonkar And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shashi Shankar Tripathi 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 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 15.11.2018 registered as Case Crime No. 661 of 2018, under Sections 272, 273, 420, 467, 468, 471 I.P.C. and Sections 60, 63 of U.P. Excise Act, P.S.- Robertsganj, District- Sonbhadra.
It is submitted by learned counsel for the petitioners that the petitioners have neither been arrested on the spot nor any recovery has been made from them. He has been nominated in the FIR only on the basis of suspicion.
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 above-mentioned 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 :- 26.11.2018 SKD