Sanjay Agarwal And Anr. vs The Sho P/S Pisawan Distt Sitapur ...
2014 Latest Caselaw 3671 ALL

Citation : 2014 Latest Caselaw 3671 ALL
Judgement Date : 25 July, 2014

Allahabad High Court

Sanjay Agarwal And Anr. vs The Sho P/S Pisawan Distt Sitapur ... on 25 July, 2014

Bench: Ravindra Singh, Vishnu Chandra Gupta




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 7
 

 
Case :- MISC. BENCH No. - 6562 of 2014
 

 
Petitioner :- Sanjay Agarwal And Anr.
 
Respondent :- The Sho P/S Pisawan Distt Sitapur And Ors.
 
Counsel for Petitioner :- Atul Verma
 
Counsel for Respondent :- Govt. Advocate
 

 
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 Sanjay Agarwal And Anr. with a prayer to quash the impugned F.I.R. in case crime no. 748 of 2012, under section 409 I.P.C. P.S. Palia, district Lakhimpur Kheri.

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 enquiry report submitted by the first informant himself, 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.

With the above direction this petition is finally disposed of.

Order Date :- 25.7.2014

RPD