Rahul Rana vs State Of U.P. Thru Secy. And 2 ...
2014 Latest Caselaw 8773 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 21635 of 2014
 

 
Petitioner :- Rahul Rana
 
Respondent :- State Of U.P. Thru Secy. And 2 Others
 
Counsel for Petitioner :- Namit Srivastava
 
Counsel for Respondent :- Govt.Advocate
 

 
Hon'ble Ravindra Singh,J.

Hon'ble Mohd. Tahir,J.

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

This petition has been filed by the petitioner with a prayer to quash the F.I.R. in case crime no. 895 of 2014, under section 420,  406, 467, 468, 471, 120B I.P.C., P.S. Kavi Nagar, District Ghaziabad.

Learned counsel for the petitioner filed supplementary affidavit annexing therein a photocopy of the draft prepared in the name of respondent no. 3. It is submitted by learned counsel for the petitioner that in the present case the amount of Rs. 1,20,000/- has been paid to the respondent no. 3 through bank draft.

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 petitioner 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.