Baboo Lal vs State Of U.P. & 2 Others
2013 Latest Caselaw 2495 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 48
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 9624 of 2013
 

 
Petitioner :- Baboo Lal
 
Respondent :- State Of U.P. & 2 Others
 
Petitioner Counsel :- Suraj Kumar Singh,P.K. Singh
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Surendra Singh,J.

Hon'ble Mushaffey Ahmad,J.

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

This petition has been filed by the petitioner with a prayer to quash the F.I.R. in Case Crime No.26 of 2012, under sections 419, 420, 467, 468, 471, 409 IPC, PS Naugarh, district Chandauli.

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 Joginder Kumar Versus State of U.P. 1994 Cr.L.J.,1981, it is directed that the petitioner 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 :- 21.5.2013

Sazia