Case :- CRIMINAL MISC. WRIT PETITION No. - 31309 of 2018 Petitioner :- Sartaj And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Avinash Pandey Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Krishna Pratap Singh,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
This petition has been filed by the petitioners with a prayer to quash the F.I.R. dated 13.11.2017 in Case Crime No. 1081 of 2017 under Sections 147, 148, 149, 307, 323, 336, 332, 353, 427, 504 I.P.C., & 7 Criminal Amendment Act, P.S. Kairana, District Shamli.
It is submitted by learned counsel for the petitioners that neither anyone has received any injury in the alleged incident. Moreover, apart from the bald allegations made in the impugned FIR no credible evidence whatsoever is coming forth even prima facie indicating the petitioners' complicity in the commission of the alleged crime and the impugned FIR qua the petitioners are liable to be quashed.
Per contra, learned A.G.A. submitted that from the perusal of the impugned FIR and on the basis of the allegations made therein, it cannot be said that no cognizable offence is disclosed against the petitioners. As far as the question of lack of evidence in support of the allegations made in the impugned FIR is concerned the same shall be collected during investigation and the impugned FIR is not liable to be quashed on the basis of the submissions advanced by the learned counsel for the petitioners.
After having heard learned counsel for the parties and perused the impugned FIR, we are not inclined to quash the same.
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 Vs. 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 collected by the Investigating Officer during Investigation.
With the aforesaid direction, this petition is finally disposed of.
Md Faisal