Citation : 2014 Latest Caselaw 3314 ALL
Judgement Date : 17 July, 2014
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 7 Case :- MISC. BENCH No. - 2410 of 2013 Petitioner :- Ashish Shukla Respondent :- The State Of U.P Thru Secy., Home Deptt., Lucknow And Ors. Counsel for Petitioner :- Alok Kapoor Counsel for Respondent :- Govt. Advocate Hon'ble Ravindra Singh,J.
Hon'ble Vishnu Chandra Gupta,J.
Heard the learned counsel for the petitioner and the learned A.G.A.
This petition has been filed by the petitioner Ashish Shukla with a prayer to quash the impugned F.I.R. in case crime no. 397 of 2013, under sections 420, 504, 506 I.P.C. P.S. Ganga Ghat. district Unnao.
From the perusal of the impugned F.I.R. it appears that on the basis of the allegations made therein a prima facie 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 20.3.2013 that till the next date of listing or till the submission of the police report the arrest of the petitioner shall remain stayed, it is directed that in case the investigation is pending, the petitioner shall not be arrested in view taken by the Apex Court in the case of Joginder Kumar Versus State of U.P. 1994 Cr.L.J., 1981, till the evidence is not collected.
With the above direction this petition is finally disposed of.
Order Date :- 17.7.2014
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