Hon'ble Vishnu Chandra Gupta,J.
Counsel for the petitioners is not present.
Heard learned A.G.A.
This petition has been filed by the petitioners Smt. Laxmi And Ors. with a prayer to quash the impugned F.I.R. in case crime no. 33 of 2014, under sections 363, 366, 394 I.P.C. P.S. Machhrehta, district Sitapur.
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 impugned 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 impugned FIR, the provisions of section 157 Cr.P.C., considering the statement of the victim recorded under section 164 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.
The interim order dated 21.4.2014 is hereby vacated.
With the above direction this petition is finally disposed of.
Order Date :- 8.7.2014 RPD