Radhey Lal Goel And Anr.(Actual ... vs The State Of U.P Thru Secy., Home., ...
2014 Latest Caselaw 2814 ALL

Citation : 2014 Latest Caselaw 2814 ALL
Judgement Date : 10 July, 2014

Allahabad High Court

Radhey Lal Goel And Anr.(Actual ... vs The State Of U.P Thru Secy., Home., ... on 10 July, 2014

Bench: Ravindra Singh, Vishnu Chandra Gupta




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 7
 

 
Case :- MISC. BENCH No. - 11496 of 2011
 

 
Petitioner :- Radhey Lal Goel And Anr.(Actual Name Radhey Lal Agarwal)
 
Respondent :- The State Of U.P Thru Secy., Home., Civil Sectt., And Ors.
 
Counsel for Petitioner :- Arun Sinha,Ritwick Rai,Riyaz Ahmad
 
Counsel for Respondent :- Govt. Advocate,Rana Mrityunjay Singh
 

 
Hon'ble Ravindra Singh,J.

Hon'ble Vishnu Chandra Gupta,J.

Counsel for the petitioners is not present.

Heard learned A.G.A.

This petition has been filed by the petitioners Radhey Lal Goel And Anr.(Actual Name Radhey Lal Agarwal) with a prayer to quash the impugned F.I.R. in case crime no. 485 of 2011, under sections 147, 149, 323, 379, 427, 447, 506 I.P.C. and sections 4/10 G.T.P. Act (The U.P. Protection of Tres Act, 1976), P.S. Chinhat, district Lucknow.

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 18.11.2011 it is directed that in case the investigation is pending, the petitioners shall not be arrested in view of Joginder Kumar Versus State of U.P. 1994 Cr.L.J., 1981, till the credible evidence is not collected by the I.O. during pendency of the investigation.

The interim order dated 18.11.2011 is hereby vacated.

With the above direction this petition is finally disposed of.

Order Date :- 10.7.2014

RPD