Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 30485 of 2018 Petitioner :- Sayda And 3 Other Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Brijesh Kumar Pandey Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
Learned counsel for t he petitioners is permitted to correct the prayer clause made in the writ petition.
Supplementary affidavit filed today, taken on record.
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 quash the FIR dated 16.6.2018 as Case Crime No. 155 of 2018, under sections 326, 323, 504, 452 IPC, P.S. Shish Garh, District Bareilly.
From the perusal of the FIR, 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 FIR. Therefore, the prayer for quashing the impugned FIR is refused.
However, considering the nature of the allegation 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 the above mentioned case, till the credible evidence is not collected by the Investigating Officer during investigation.
With the aforesaid direction, this petition is finally disposed of.
Order Date :- 27.10.2018 RPD