Disposed

Hoshiyar Singh and Another v. State of U.P. and 2 Others

Allahabad HC9 May 2018CRLP/11866/2018

Case brief

AI extract

What is this about?

This court disposed of a writ petition quashing an FIR and refused the quashing prayer. However, relying on Joginder Kumar, the court directed that petitioners shall not be arrested until credible evidence is collected or the police report is submitted.

What did the court decide?

Petitioners shall not be arrested until credible evidence is collected or police report is submitted.

Hoshiyar Singh and Another Vs State of U.P. and 2 Others — Bail and Remand | Allahabad HC (2018)

¶1

Court	No.		-	32
Case :-CRI 2018	MINAL MISC.	WRIT PETITI	ON No.	- 11866 of
Petitioner	:- Hoshi	yar Singh	And	Another
Respondent	:- State	Of U.P.	And	2 Others
Counsel	for Petitio	ner :-	Munesh	Kumar
Counsel	for	Respondent	:-	G.A.
Hon'ble	Shashi	Kant		Gupta,J.
Hon'ble Bac	hchoo Lal,J.

¶2

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

¶3

This writ petition has been filed by the petitioners with a prayer to quash the F.I.R. dated 19.4.2018 registered as case crime no. 236 of 2018, under sections 307,323,504,506 IPC Police Station Gunnour , District Sambhal.

¶4

From the perusal of the F.I.R., it transpires that on the basis of the allegations made therein, prima facie, a 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.

¶5

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 the aforementioned case till the credible evidence is not collected by the I.O. during investigation or till the submission of police report under section 173(2) Cr.P.C. whichever is earlier.

¶6

With the above direction this petition is finally disposed of.

¶7

Order MLK

¶8

Date :- 9.5.2018

Hoshiyar Singh and Another v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Hoshiyar Singh and Another v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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