Amarnath @ Amjeet Verma And 2 ... vs State Of U.P. And 2 Others
2017 Latest Caselaw 8142 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 45
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 28305 of 2017
 

 
Petitioner :- Amarnath @ Amjeet Verma And 2 Others
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Ram Shish Ram,Pradeep Kumar
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Shashi Kant Gupta,J.

Hon'ble Rajeev Misra,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. of case crime no.  0409 of 2017, under sections   419, 420, 467, 468, 471, 504, 506 I.P.C., Police Station Khanpur , District  Ghazipur. 

From the perusal of the F.I.R. it appears that on the basis of the allegations made therein prima facie cognizable offence is made out. There is no ground for interfering in the F.I.R. Therefore, the prayer for quashing the impugned F.I.R. is refused.

However, considering the allegations made in the 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 credible evidence is  not   available against  him during the investigation or till submission of police report under Section 173 (2) Cr.P.C., whichever is earlier.

With the above direction this petition is finally disposed of.

Order Date :- 19.12.2017

MLK