Shiv Bux Singh And Ors. vs The State Of U.P Thru Principal ...
2014 Latest Caselaw 3692 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 7
 

 
Case :- MISC. BENCH No. - 6680 of 2014
 

 
Petitioner :- Shiv Bux Singh And Ors.
 
Respondent :- The State Of U.P Thru Principal Secy., Home Deptt., And Ors.
 
Counsel for Petitioner :- Pramod Kumar Shakya
 
Counsel for Respondent :- Govt. Advocate
 

 
Hon'ble Ravindra Singh,J.

Hon'ble Devendra Kumar Upadhyaya,J.

Heard learned counsel for the petitioners and learned A.G.A.

This petition has been filed by the petitioners Shiv Bux Singh And Ors. with a prayer to quash the FIR of case crime No. 509 of 2014 under sections 498-A, 420, 306 IPC, and section 3/4 D.P.Act, P.S. Auras, District Unnao.

From the perusal of the FIR it appears that on the basis of allegation made therein the prima facie cognizable offence is made out. There is no scope of interfering in the FIR. Therefore, the prayer for quashing the FIR is refused.

However, considering the facts that in the present case the FIR in respect of the same incident has been lodged by petitioner No. 1 against respondent No. 3 and others in case crime No. 357 of 2014 under section 306, 504 IPC, P.S. Hasanganj, District Unnao,  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 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 this direction, this petition is finally disposed of.

Order Date :- 28.7.2014

RPD