Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 30609 of 2018 Petitioner :- Virendra Kumar Sharma Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajesh Kumar Roy Sharma Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Krishna Pratap 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 quash the F. I. R., which has been registered as Case Crime No. 181 of 2018, under Sections-147, 148, 149 and 307 IPC and Sections-3, 57 and 7 of U.
P. Upkhanij (Parihar) Niyamawali at P. S.-Iradat Nagar, district-Agra.
It has been submitted by learned counsel for the petitioner that the petitioner has been named in the F. I. R. on the basis of the information disclosed by the accused who were arrested on the spot although in the F.
I. R. it is alleged that the accused had fired but admittedly no-one has received any injury in the incident in question. He has also submitted that apart from the bald allegations made in the impugned F. I. R., there is no evidence even prima facie indicating at the complicity of the petitioner in the commission of the alleged crime, hence the impugned F. I. R, which is a bundle of lies and product of malice, 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 petitioner shall not be arrested in 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 :- 29.10.2018 HR