Court No. - 37
Case :- CRIMINAL MISC. WRIT PETITION No. - 15767 of 2019 Petitioner :- Sunil Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ajay Sengar Counsel for Respondent :- G.A.
Hon'ble Karuna Nand Bajpayee,J. Hon'ble Sanjay Kumar Singh,J.
This writ petition has been filed seeking the quashing of F.I.R. dated 19.12.2018 registered as Case Crime No.0525 of 2018, under Sections 420, 467, 468, 471 of Indian Penal Code, 1860 and Section 3/7 of the Essential Commodities Act, 1955 and Section 66 of the Information Technology Act,2000, P.S.-Kotwali-Jalaun, District-Jalaun.
Heard learned counsel for petitioners and perused the record.
Counsel for petitioner has drawn attention of the Court to the order passed with regard to co-accused Girja Devi and two others on 13.02.2019 passed by Co-ordinate Bench of this Court in Criminal Misc. Writ Petition No.4050 of 2019 (Girja Devi and two others vs. State of U.P. and three others) in which direction not to arrest the petitioners of that writ petition was given till the collection of credible evidence. Contention is that there the case of petitioner is not on worse footing than that of aforesaid co- accused persons and in that view of the matter the petitioner also deserves same protective respite. Certain other contentions have also been raised by the petitioner's counsel which relate to disputed questions of fact.
Heard learned A.G.A. and learned counsel appearing for respondent no.4.
Though this Court does not feel persuaded to quash the F.I.R. or the proceedings against the accused-petitioner arising out of it as the case does not fall in any of the categories recognized by the Apex Court which may justify their quashing but in the wake of conspicuous facts and circumstances of the case, the nature of allegations and also keeping in view the order passed by this Court in favour of co-accused and the various contentions raised on behalf of the petitioners based on 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 petitioner shall not be arrested in above mentioned case, unless credible evidence against him is collected by the Investigating Officer during investigation.
It is clarified that this order has been passed only with regard to the accused on behalf of whom this writ petition has been moved in this Court.
With the aforesaid observations this writ petition is finally disposed off.
Order Date :- 3.6.2019 M. Kumar