Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 30423 of 2018 Petitioner :- Sharif Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rizwan Ahmad Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
Heard learned counsel for the petitioner and learned AGA for the State.
This writ petition has been filed by the petitioner with the prayer to quash the F.I.R. dated 13.09.2018 registered as Case Crime No. 414 of 2018, under Sections 420, 468 I.P.C., P.S.-Didoli, District-J. P. Nagar.
It is submitted by learned counsel for the petitioner that petitioner is not named in the F.I.R. Moreover, apart from the bald allegations made in the impugned FIR no credible evidence whatsoever is coming forth even prima facie indicating petitioner's complicity in the commission of the alleged crime and the impugned FIR qua the petitioner is liable to be quashed.
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 :- 27.10.2018 AKT