Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 34240 of 2018 Petitioner :- Ram Sahay Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- S.P.S. Chauhan,Smt. Meenakshi Chauhan 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 AGA for the State.
This writ petition has been filed by the petitioner with a prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 22.7.2018 registered as Case Crime No. 0698 of 2018, under Sections 304, 308, 337, 338, 427, 288, 34 IPC and 7 Criminal Law Amendment Act, P.S.- Massorie, District-Ghaziabad.
It has been submitted by the learned counsel for the petitioner that petitioner neither named in the FIR nor any credible evidence is against him. He further submitted that apart from the bald allegations made in the impugned F.I.R., no credible evidence whatsoever is coming forth even prima facie indicating at the complicity of the petitioners in the commission of the alleged crime and the impugned FIR, which is a bundle of lies and product of malice, 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 and the impugned F.I.R. is not liable to be quashed on the basis of the submissions advanced by the learned counsel for the petitioner.
After having heard learned counsel for the parties and perused the impugned F.I.R., 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 the abovementioned case, till the credible evidence is not collected by the Investigating Officer during investigation.
With the aforesaid direction, this petition is finally disposed of.
Order Date :- 28.11.2018 AK Pandey