Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 31302 of 2018 Petitioner :- Rampal And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Satendra Singh 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.584 of 2018 underSetions 307, 354(D), 323, 504 and 506 IPC, Police Station Bhogaon, District Mainpuri.
It is submitted by learned counsel for the petitioners that the impugned F.I.R. has been lodged by the respondent No.4 against the petitioners after an inordinate and unexplained delay of four months. Moreover, apart from the bald allegations made in the impugned FIR no credible evidence whatsoever is coming forth even prima facie indicating the petitioners' complicity in the commission of the alleged crime and the impugned FIR qua the petitioners 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 petitioners. As far as the question of lack of evidence in support of the allegations made in the impugned FIR is concerned the same shall be collected during investigation and the impugned FIR is not liable to be quashed on the basis of the submissions advanced by the learned counsel for the petitioners.
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 Pr/-