Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 30215 of 2018 Petitioner :- Seema And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Surendra Singh Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
This writ petition has been filed by the petitioners to issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 9.4.2018 registered as Case Crime No. 616 of 2018, under Sections 147, 148, 149, 307, 504, 395, 120-B I.P.C. and Section 7 Criminal Law Amendment Act, 1932, P.S. Kavinagar, District Ghaziabad.
Learned counsel for the petitioners submitted that the role of causing firearm injury has been attributed to the husband of petitioner no. 1, Vishal. He further submitted that the only offence against the petitioners which emerges from the perusal of the impugned F.I.R. is under Section 120-B. Moreover apart from the bald allegations made in the impugned FIR lodged by the the respondent no. 4 alleging commission of offences by the petitioners under the aforesaid sections, no evidence is forthcoming, even prima facie indicating that any such incident, as alleged in the F.I.R., had ever taken place and hence the impugned F.I.R. qua the petitioners is liable to be quashed.
Per contra learned AGA submitted that the impugned FIR is not liable to be quashed on the basis of the submissions advanced by the learned counsel for the petitioners for the reason that from the perusal of the impugned FIR and the allegations made therein it cannot be said that prima facie no cognizable offence is made out against the petitioner.
After having heard learned counsel for the parties and perused the impugned FIR as well as the other material brought on record, we are not inclined to quash the impugned FIR.
However, considering the submission made by learned counsel for the petitioners that in the present case litigation is still pending and some of the courts have decided the issue in favour of the petitioner, made in the impugned 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 collected by the I.O. during pendency of the investigation.
With the above direction this petition is finally disposed of.
Order Date :- 26.10.2018 SA