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Ram Jatan Prasad And Others vs State Of U P And Others

High Court Of Judicature at Allahabad|31 October, 2018
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JUDGMENT / ORDER

Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 31317 of 2018 Petitioner :- Ram Jatan Prasad And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ashutosh Pandey Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Krishna Pratap Singh,J.
Heard learned counsel for the petitioners and the learned A.G.A. for the State.
This petition has been filed by the petitioners with a prayer to quash the F.I.R. in Case Crime No. 899 of 2018, under sections 419, 420, 406, 504, 506 IPC, PS Cantt., District Varanasi.
From the perusal of the impugned F.I.R, it appears that on the basis of the allegations made therein a prima facie cognizable offence is made out. There is no ground for interference in 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 Vs. State of U.P. 1994 Cr.L.J 1981, it is directed that the petitioners shall not be arrested in above mentioned case, till the credible evidence is collected by the Investigating Officer during Investigation.
With the aforesaid direction, this petition is finally disposed of.
Order Date :- 31.10.2018 Sazia
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Title

Ram Jatan Prasad And Others vs State Of U P And Others

Court

High Court Of Judicature at Allahabad

JudgmentDate
31 October, 2018
Judges
  • Bala Krishna Narayana
Advocates
  • Ashutosh Pandey