Suhail @ Suhail Ahmad & Others vs State Of U.P. Thru. Prin. Secy., ...
2014 Latest Caselaw 2698 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 7
 

 
Case :- MISC. BENCH No. - 2702 of 2014
 

 
Petitioner :- Suhail @ Suhail Ahmad & Others
 
Respondent :- State Of U.P. Thru. Prin. Secy., Home & 3 Others
 
Counsel for Petitioner :- Abdul Samad
 
Counsel for Respondent :- Govt. Advocate,Syed Sabih Haider
 

 
Hon'ble Ravindra Singh,J.

Hon'ble Vishnu Chandra Gupta,J.

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

This petition has been filed by the petitioners Suhail @ Suhail Ahmad & Others   with a prayer to quash the impugned F.I.R. in case crime no. 771 of 2013, under section s 363, 366, 376 D I.P.C.  and the Protection of Children from Sexual Offences Act, 2012 P.S. Kotwali Nagar Pratapgarh,  district Pratapgarh.

From the perusal of the impugned 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 impugned F.I.R. Therefore, the prayer for quashing the impugned F.I.R. is refused.

However, considering the interim order dated 1.4.2014, nature of the allegations made in the impugned FIR, 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 above mentioned case, till the credible evidence is not collected by the I.O. during pendency of the investigation.

The interim order dated 1.4.2014 is hereby vacated.

With the above direction this petition is finally disposed of.

Order Date :- 8.7.2014

RPD