Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 30518 of 2018 Petitioner :- Saifun Nisha And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Nazrul Islam Jafri,Sadaful Islam Jafri Counsel for Respondent :- G.A.,Sikandar Azam Lari
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
Heard learned counsel for the petitioners, learned AGA for the State and Sri S.A. Lari, for respondent no.3.
This writ petition has been filed by the petitioners with the prayer to quash the F.I.R. dated 9.7.2018 registered as Case Crime No.308 of 2018, under Sections 419, 420, 467, 468, 471, 409 IPC, P.S.- Kotwali Padrauna, District- Kushi Nagar.
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 petitioners shall not be arrested in the abovementioned 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 :- 27.10.2018 Shalini