Ram Briksha Patel And Another vs State Of U.P. Thru Secy. And 2 ...
2014 Latest Caselaw 8718 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 21601 of 2014
 

 
Petitioner :- Ram Briksha Patel And Another
 
Respondent :- State Of U.P. Thru Secy. And 2 Others
 
Counsel for Petitioner :- Rajendra Singh
 
Counsel for Respondent :- Govt. Advocate
 

 
Hon'ble Ravindra Singh,J.

Hon'ble Mohd. Tahir,J.

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

This petition has been filed by the petitioners with a prayer to quash the F.I.R. in case crime no. 217 of 2014, under sections 323, 504, 506 I.P.C. and 3 (1) (X) SC/ST Act, P.S. Badagaon, District Varanasi.

From the perusal of the impugned F.I.R. it appears that on the basis of the allegations made therein a prima facie cognizable offence is made out. There is no ground for interference in the 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 F.I.R., 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 investigation.

With the above direction this petition is finally disposed of.

Order Date :- 17.11.2014

v.k.updh.