Dr. Irshad Ahmad Khan vs State Of U.P. And 2 Others
2018 Latest Caselaw 3385 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 4
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 30478 of 2018
 

 
Petitioner :- Dr. Irshad Ahmad Khan
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Chetan Chatterjee
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Bala Krishna Narayana,J.

Hon'ble Ravindra Nath Kakkar,J.

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

This writ petition has been filed by the petitioner with the prayer to quash the FIR dated 13.18.2018 as Case Crime No. 3096 of 2018, under sections 420, 467, 468, 471, 323, 406, 447, 452, 324, 307, 504, 506 IPC, P.S. Sahibabad, District Ghaziabad.

It is contended by learned counsel for the petitioner that first informant of this case had earlier lodged an FIR under section 380 IPC, consequent thereto final report was filed (paragraph-5 and 6 of the writ petition). Further submitted that a civil suit for specific performance is pending between the parties and so far as the allegation under section 307 is concerned, nobody had sustained any injury.

From the perusal of the FIR, it appears that on the basis of the allegations made therein, prima facie cognizable offence is made out. There is no ground for interference with the FIR. Therefore, the prayer for quashing the impugned FIR is refused.

However, considering the nature of the allegation 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 the above mentioned case, till the credible evidence is not collected by the Investigating Officer during investigation.

With the aforesaid direction, this petition is finally disposed of.

Order Date :- 27.10.2018

RPD