Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 30650 of 2018 Petitioner :- Ratendra Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ajay Sengar Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Krishna Pratap Singh,J.
Heard learned counsel for the petitioner and learned AGA for the State.
This writ petition has been filed by the petitioner with the prayer to quash the F.I.R. dated 03.09.2018 registered as Case Crime No. 178 of 2018, under Sections 379, 411, 279, 336, 431, 432, 120-B I.P.C., 4/21 Mines and Mineral Act and Section 3/5 Prevention of Damage of Public Property Act, 1984, P.S.- Kabrai, District-Mahoba.
It has been argued by the learned counsel for the petitioner that the petitioner is not named in the F.I.R and nothing incriminating has been recovered from his possession. 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 the above mentioned case, till the credible evidence is not collected by the Investigating Officer during investigation.
With the above directions, this petition is disposed of finally.
Order Date :- 29.10.2018 SA