Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 33877 of 2018 Petitioner :- Satya Prakash Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Phool Singh Yadav Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
This writ petition has been filed by the petitioner with the prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. dated 02.11.2018 registered as Case Crime No.0406 of 2018, under Section 409, 420, 467, 468, 471 I.P.C. and 3/7 Essential Commodities Act, P.S.- Mahavan, District- Mathura.
It is submitted by the learned counsel for the petitioner that he had informed the concerned police station that his stock register was stolen. It is next submitted that fair price shop of the petitioner was cancelled on 20.07.2017 but impugned FIR dated 02.11.2018 has been lodged by respondent no.4 after one year and three months alleging that certain irregularities were found in the stock register maintained by the petitioner.
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 petitioner 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 :- 27.11.2018 SKD