Nasir And 2 Others vs State Of U.P. And 2 Others
2018 Latest Caselaw 666 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 32
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 12908 of 2018
 
Petitioner :- Nasir And 2 Others
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Mohd Aadil Siddiqui
 
Counsel for Respondent :- G.A.,Rajesh Yadav
 
Hon'ble Shashi Kant Gupta,J.

Hon'ble Bachchoo Lal,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. dated 28.4.2018 registered in F.I.R. No. 0385 of 2018, under sections 420, 467, 468, 471 and 506 IPC, Police Station Civil Lines, District Moradabad.

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 petitioners shall not be arrested in above mentioned case, till the credible evidence is not available against them during the investigation or till the 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 :- 18.5.2018/Gss