Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 36883 of 2018 Petitioner :- Surender Singh Respondent :- State Of U.P. And Another Counsel for Petitioner :- Ayush Khanna,Nikhil Mishra Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Sanjay Kumar Singh,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 the prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. No. 205 of 2018 dated 22.5.2018, under Sections 420, 467, 468, 471 IPC and Sections 60, 63, 72 U.P. Excise Act, P.S.- Kotwali Tirva, District- Kannauj.
It is submitted by learned counsel for the petitioner that the petitioner was neither named in the FIR nor any recovery made from him. He has been nominated as an accused on account of his allegedly being the owner of the vehicle from which, the spurious liquor was seized although he had transferred the vehicle before the incident to one Virender Singh.
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 :- 18.12.2018 AK Pandey