Gurumeet Singh & Another vs State Of U.P. & Others
2012 Latest Caselaw 408 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 52
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 3730 of 2012
 

 
Petitioner :- Gurumeet Singh & Another
 
Respondent :- State Of U.P. & Others
 
Petitioner Counsel :- M.A. Abbasi
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Ravindra Singh,J.

Hon'ble Mahendra Dayal,J.

Heard the learned counsel for the petitioners and the learned A.G.A.

This petition has been filed by the petitioners with a prayer to quash the F.I.R. in case crime no. 397 of 2012, under sections 419,420,467 and 468 I.P.C. P.S. Sahawar district Kanshiram Nagar.

From the perusal of the 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 Jogender Kumar Versus State of U.P. 1994 Cr.L.J.,1981, it is directed that the petitioners shall not be arrested in above mentioned case, till the credible evidence is not collected by the I.O. during investigation.

With the above direction this petition is finally disposed of.

Order Date :- 17.4.2012

N.A.