Dharmendra Kumar Singh vs The State Of U.P Thru Principal ...
2014 Latest Caselaw 3494 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 7
 

 
Case :- MISC. BENCH No. - 131 of 2014
 

 
Petitioner :- Dharmendra Kumar Singh
 
Respondent :- The State Of U.P Thru Principal Secy., Home Deptt., And Ors.
 
Counsel for Petitioner :- Ram Raj
 
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 Dharmendra Kumar Singh with a prayer to quash the impugned F.I.R. in case crime no. 434 of 2008, under sections 409, 408 and 120-B IPC, P.S. Baldi Rai, district Sultanpur.

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 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 petitioner shall not be arrested in above mentioned case, till the credible evidence is not collected by the I.O. during pendency of the investigation.

With the above direction this petition is finally disposed of.

Order Date :- 22.7.2014

RPD