Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 29494 of 2018 Petitioner :- Rajendra Kumar Mishra Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- K.K. Tripathi Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
Heard learned counsel for the petitioner and learned A. G. A. for the State.
This writ petition has been filed by the petitioner with the prayer to quash the F. I. R., which has been registered as Case Crime No. 354 of 2018, under Sections- 420, 467, 468, 471, 272 and 120-B I. P. C. and Sections-63/64 of U. P. Excise Act at P. S.-Panki, district-Kanpur Nagar.
It has been submitted by learned counsel for the petitioner that the petitioner is neither named in the impugned F. I. R. nor any recovery has been made. He has further submitted that apart from the bald allegations made in the impugned F. I. R., there is no credible evidence, even prima facie indicating at the petitioner's complicity in the commission of the alleged crime, hence the impugned F. I. R. which is a bundle of lies, 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 petitioner shall not be arrested in 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 :- 12.10.2018 HR