Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 2709 of 2019 Petitioner :- Sonu Pandey Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashish Kumar Sinha Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Ashish Kumar Sinha, for the petitioner and AGA for the State of U.P.
This writ petition has been filed for quashing the F.I.R. dated 26.07.2018, registered as Case Crime No.0384 of 2018, under Section 419, 420, 467, 468, 471, 271 and Section 60 Excise Act P.S.- Tarayasujan District- Kushi Nagar.
It is submitted by counsel for the petitioner that the petitioner has been named in the impugned FIR on the basis of statement made by co-accused Jay Ram Yadav who was arrested on the spot. Petitioner was neither arrested on the spot nor any recovery was made from him.
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 :- 31.1.2019 mt