Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 33622 of 2018 Petitioner :- Sanju Gram Pradhan And 19 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kuldeep Singh Yadav Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
This writ petition has been filed by the petitioners with the prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. dated 21.10.2018 registered as Case Crime No. 362 of 2018, under Section 147, 148, 149, 307, 332, 353, 186, 336, 323, 504, 506 I.P.C. and Section 7 of Criminal Law Amendment Act, P.S.- Kurra, District- Mainpuri.
It is submitted by learned counsel for the petitioners that no one has received any injury in this case and the impugned F.I.R. has been lodged by the police against 58 persons including the petitioners.
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 :- 26.11.2018 KS