Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 31360 of 2018 Petitioner :- Uma Shankar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ajay Sengar Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Krishna Pratap Singh,J.
Heard learned counsel for the petitioner and the learned A.G.A. for the State.
This petition has been filed by the petitioner with a prayer to quash the F.I.R. in Case Crime No.179 of 2018 under sections 379, 411, 279, 336, 431, 432, 120-B IPC and 4/21 Mines and Minerals Act and 3/5 Prevention of Damage of Public Property Act, 1984, PS Kabria, District Mahoba.
From the perusal of the impugned F.I.R, it appears that on the basis of the allegations made therein a prima facie cognizable offence is made out. There is no ground for interference in 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 Vs. State of U.P. 1994 Cr.L.J 1981, it is directed that the petitioner shall not be arrested in above mentioned case, till the credible evidence is collected by the Investigating Officer during Investigation.
With the aforesaid direction, this petition is finally disposed of.
Order Date :- 31.10.2018 Pr/-