Petitioners sought quashment of FIR under IPC sections. The High Court refused quashment but directed non-arrest pending investigation conclusion under Cr.P.C. Section 157 and Article 226.
Prayer for quashing FIR refused; Direction issued for no arrest till conclusion of investigation.
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Court No. - 32
Case :- CRIMINAL MISC. WRIT PETITION No. - 11839 of 2018
Petitioner :- Indra Bhan And 6 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Nanhe Lal Tripathi Counsel for Respondent :- G.A.
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. of case crime no. 0021 of 2018, under Sections 494, 504 and 506 IPC, Police Station Mahila Thana, District Jhansi.
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 :- 9.5.2018 Arun
1 issue framed by the court
Whether the High Court is justified in refusing to quash the FIR but granting interim non-arrest direction.
Colour shows how this judgement treated each authority
Joginder Kumar Versus State of U.P.Referred¶9
_Joginder Kumar Versus State of U.P. 1994 Cr.L.J. 1981_
Indra Bhan And 6 Others
State Of U.P. And 3 Others
Shashi Kant Gupta
Bachchoo Lal
As recorded by the court registry
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