Court No. - 41
Case :- CRIMINAL MISC. WRIT PETITION No. - 26501 of 2017 Petitioner :- Subhash Chandra Respondent :- State Of U.P. And 2 Ors.
Counsel for Petitioner :- V.P. Singh Kashyap,Manish Kumar Kashyap Counsel for Respondent :- G.A.
Hon'ble Rajesh Dayal Khare,J. Hon'ble Mahboob Ali,J.
Heard learned counsel for the petitioner and learned A. G. A. for the State.
This writ petition has been filed by the petitioner with a prayer to quash the F. I.
R. dated 30.04.2017 which has been registered as Case Crime No. 141 of 2017, under Sections- 419, 420, 467, 468, 471 IPC, Police Station- Sahawar, District Kasganj.
It has been contended by the learned counsel for the petitioner that petitioner is not named in the FIR dated 30.04.2017. It is next contended that on the same cause of action, Criminal Misc. Writ Petition No. 8056 of 2017 has been filed and this Court on 12.05.2017 had accorded relief to the co-accused, which has been filed as Annexure-2 to the writ petition, as such same relief be accorded in the present writ petition also.
Per contra, learned A. G. A. submitted that from the perusal of the impugned F. I.
R. it cannot be said that no cognizable offence is made out, hence the impugned F. I. R. is not 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 hence, there is no scope for interfering with the impugned F. I. R.
Therefore, the prayer for quashing the impugned F. I. R. is refused.
However, considering the submissions advanced by learned counsel for the petitioner and nature of allegations made in the F. I. R., it is directed that the petitioner shall not be arrested in the aforementioned case till submission of police report under Section 173 (2) or till credible evidence is collected, whichever is earlier.
With the aforesaid directions, this writ petition is disposed of finally.
Order Date :- 29.11.2017 T.S.