Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 30911 of 2018 Petitioner :- Shiv Kumar Yadav And Another Respondent :- State Of U.P. And Another Counsel for Petitioner :- Narendra Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Krishna Pratap Singh,J.
Heard learned counsel for the petitioners and the learned A.G.A. for the State.
This petition has been filed by the petitioners with a prayer to quash the F.I.R.03.10.2018 in Case Crime No.764 of 2018, under Sections 272, 273, 420, 467, 468, 471 I.P.C. & 60/63 U.P.
Excise Act & 63/65 Copy Right Act, 1957, Police Station Ghatampur, District Kanpur Nagar.
It is submitted by learned counsel for the petitioners that neither the petitioners were arrested on the spot nor any recovery has been made. It is further submitted that the petitioners have been nominated in the impugned FIR on the basis of statement tendered by co-accused who was apprehended on the spot.
From the perusal of the impugned F.I.R, it appears that on the basis of the allegations made therein a prima facie cognizable offence is made out. There is no ground for interference in 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 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.
Order Date :- 29.10.2018 A.K.Verma