Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 31316 of 2018 Petitioner :- Ram Kishore And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Raj Karan Yadav,Yadvendra Kumar Yadav 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. 395 of 2018, under sections 420, 467, 468, 471, 120-B IPC, and 3 Prevention of Public Property Damages Act, PS Vidhanu, District Kanpur Nagar.
It has been submitted by the learned counsel for the petitioners that the petitioners are not named in the FIR.
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