Sushil Srivastava @ Bobby Actual ... vs The State Of U.P Thru Principal ...
2014 Latest Caselaw 3318 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 7
 

 
Case :- MISC. BENCH No. - 5883 of 2014
 

 
Petitioner :- Sushil Srivastava @ Bobby Actual Name Sushil Kr Srivastava
 
Respondent :- The State Of U.P Thru Principal Secy., Home Lucknow And Ors.
 
Counsel for Petitioner :- Arun Sinha
 
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 Sushil Srivastava @ Bobby Actual Name Sushil Kr Srivastava with a prayer to quash the impugned F.I.R. in case crime no. 589 of 2014, under sections 307, 376, 323 I.P.C. P.S. Ghazipur, 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 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 submission made by learned counsel for the petitioner that  the protection has already been given by S.S.P. Lucknow, 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. as in view taken by the Apex Court in the case of Joginder Kumar Versus State of U.P. 1994 Cr.L.J., 1981,

With the above direction this petition is finally disposed of.

Order Date :- 17.7.2014

RPD