Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 34268 of 2018 Petitioner :- Yashveer Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Satendra Singh 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 AGA for the State.
This writ petition has been filed by the petitioner with the prayer to quash the F.I.R. dated 15.05.2017 registered as Case Crime No.0393 of 2017, under Sections 380 and 457 I.P.C., P.S.- Shikohabad, District- Firozabad.
It is submitted by the learned counsel for the petitioner that the petitioner is neither named in the FIR nor any recovery has been made from him and has been nominated as an accused in the F.I.R. on the basis of confessional statement of co-accused Sudesh @ Sadhu, who was arrested on the spot.
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 :- 28.11.2018 Abhishek