Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 33682 of 2018
Petitioner :- Yashpal Singh And Another
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Sudhir Bharti,Brij Kumar Saroj
Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Sanjay Kumar Singh,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., which has been registered as Case Crime No. 881 of 2018, under Sections-420, 467, 468 and 471 I. P. C. at P. S.-Kotwali City, district-Bijnor.
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 abovementioned case, till the credible evidence is not collected by the investigating officer during investigation.
It is further provided that in case, the investigation of this case has been completed and police report under Section 173 (2) Cr. P. C. has been filed, the petitioners shall not be entitled to any benefit of this order.
With the above directions, this petition is disposed of finally.
Order Date :- 26.11.2018 HR