Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 34006 of 2018 Petitioner :- Yogesh And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Nanhe Lal Tripathi 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 AGA for the State.
This writ petition has been filed by the petitioners with the prayer to quash the F.I.R. dated 30.10.2018 registered as Case Crime No.0923 of 2018, under Sections 147, 148, 149, 307, 386, 504, 506 IPC, P.S.- Dadri, District- Gautam Buddh Nagar.
It has been submitted by the learned counsel for the petitioners that the allegations made in the impugned F.I.R. regarding commission of offence by the petitioner under the aforesaid sections are palpably false and moreover the same do not disclose any cognizable offence. It is further submitted that no one has received any injury in the occurrence of the alleged incident. The impugned F.I.R. is thus 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 :- 27.11.2018 Shalini