Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 7955 of 2018 Petitioner :- Sahabuddin And 13 Ors.
Respondent :- State Of U.P. And 3 Ors.
Counsel for Petitioner :- Mohd. Samiuzzaman Khan Counsel for Respondent :- G.A.,Anil Kumar Panday
Hon'ble Shashi Kant Gupta,J. Hon'ble Ajit Kumar,J.
Heard the learned counsel for the petitioners, Sri Anil Kumar Pandey, learned counsel for the Respondent No. 4, learned A.G.A. and perused the record.
This petition has been filed by the petitioners with a prayer to quash the F.I.R. of case crime no. 213 of 2018, under sections 352, 419, 420, 467, 468, 471, 504 & 506 I.P.C., Police Station Kotwali, District Deoria.
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 interfering in the F.I.R. Therefore, the prayer for quashing the impugned F.I.R. is refused.
However, considering the allegations made in the FIR, 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 petitioners shall not be arrested in the above mentioned case, till credible evidence is not available against them during the investigation or till submission of police report under Section 173 (2) Cr.P.C., whichever is earlier.
With the above direction this petition is finally disposed of.
Order Date :- 30.3.2018 vinay