Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 7950 of 2018 Petitioner :- Santosh Kumar @ Sanjeev And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Indra Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Shashi Kant Gupta,J. Hon'ble Ajit Kumar,J.
Heard learned counsel for the petitioners and learned A.G.A.
This petition has been filed by the petitioners with a prayer to quash the F.I.R. dated 28.10.2017 of case crime no. 1887 of 2017, under Section 323, 504,506 IPC and 3/4 D.P. Act, P.S. Jalalabad, District Shahjahanpur.
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 above mentioned case, till the credible evidence is not available against them during the investigation or till the 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 Sanjeev