1. Home
  2. /
  3. High Court Of Judicature at Allahabad
  4. /
  5. 2018
  6. /
  7. January

Suraj Prakash And Another vs State Of U P And Others

High Court Of Judicature at Allahabad|12 October, 2018


Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 29319 of 2018 Petitioner :- Suraj Prakash And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Tarun Varma Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
This writ petition has been filed by the petitioners with the prayer to quash the F.I.R. dated 26.09.2018 registered as Case Crime No.2079 of 2018, under Sections 406, 420, 504 & 506 I.P.C., Police Station Kavi Nagar, District Ghaziabad.
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 petitioners 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 :- 12.10.2018 Anand Sri./-
Disclaimer: Above Judgment displayed here are taken straight from the court; Vakilsearch has no ownership interest in, reservation over, or other connection to them.

Suraj Prakash And Another vs State Of U P And Others


High Court Of Judicature at Allahabad

12 October, 2018
  • Bala Krishna Narayana
  • Tarun Varma