Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 30406 of 2018 Petitioner :- Tushar Bhati And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Daya Shanker Pandey Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
Heard learned counsel for the petitioners, learned AGA for the State and Sri Kartikey Saran, learned counsel for the respondent no. 3.
This writ petition has been filed by the petitioners with the prayer to quash the F.I.R. dated 15.10.2018 registered as Case Crime No. 877 of 2018, under Sections 147, 148, 149, 307, 427, 507 I.P.C., P.S.-Kasana, District- Gautam Budh Nagar.
It is submitted by learned counsel for the petitioners that admittedly in the incident no one has received any injury. Moreover, apart from the bald allegations made in the impugned FIR no credible evidence whatsoever is coming forth even prima facie indicating petitioners' complicity in the commission of the alleged crime and the impugned FIR qua the petitioners is 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. 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 :- 27.10.2018 AKT