Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 30458 of 2018
Petitioner :- Ram Prakash Varma Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Satyaveer Singh Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
Supplementary affidavit filed today is kept on record.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
This petition has been filed by the petitioner with a prayer to quash the F.I.R. in Case Crime No.0457 of 2018, under Sections 420, 467, 468, 471, 409 I.P.C., Police Station Bidhuna, District Auraiya.
It is submitted by learned counsel for the petitioner that the impugned FIR has been lodged pursuant to the order passed by the District Panchyat Raj Officer, Auraiya dated 06.10.2018, copy whereof has been brought on record as Annexure SA-2 to the supplementary affidavit filed today. In the said letter the entire allegation has been made against Rajpal, the then Secretary, Gram Panchyat. However, in the impugned FIR the petitioner is also nominated as an accused, although no specific role has been assigned to him. Moreover, apart from the bald allegations made in the impugned FIR no credible evidence whatsoever is coming forth even prima facie indicating the petitioner's complicity in the commission of the alleged crime and the impugned FIR qua the petitioner is liable to be quashed.
Per contra, learned A.G.A. submitted that from the perusal of the impugned FIR and on the basis of the allegations made therein, it cannot be said that no cognizable offence is disclosed against the petitioner.
After having heard learned counsel for the parties and perused the impugned FIR, we are not inclined to quash the same.
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 petitioner 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 :- 27.10.2018 Anand Sri./-