Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 34046 of 2018
Petitioner :- Ram Raj Singh
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Prem Shankar,Brajesh Singh
Counsel for Respondent :- G.A. Hon'ble Bala Krishna Narayana,J. Hon'ble Sanjay Kumar Singh,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. 273 of 2018, under Sections-379, 411, 420, 467, 468, 471, 332, 353, 387, 504 and 506 I.
P. C. and Sections-4/21 of The Mines and Minerals (Regulation and Development) Act, 1957 at P. S.-Kabrai, district-Mahoba.
It has been submitted by learned counsel for the petitioner that neither the petitioner was arrested on the spot nor any recovery was made from him. He has been nominated as an accused only on the basis of the statement made by the driver of the truck namely, Mahendra Kumar, which was seized by the police. He has further submitted that apart from the bald allegations made in the impugned F. I. R., there is no credible evidence on record, even prima facie, indicating at the complicity of the petitioner in the commission of the alleged crime, hence the impugned F. I. R. 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.
It is further provided that in case, the investigation of this case has been completed and police report under Section 173 (2) Cr. P. C. has been filed, the petitioner shall not be entitled to any benefit of this order.
With the above directions, this petition is disposed of finally.
Order Date :- 27.11.2018 / HR