The High Court refused the prayer to quash the FIR but granted protection against arrest under Section 157 Cr.P.C. invoking Joginder Kumar pending credible evidence or police report.
Quashing of FIR refused; interim protection against arrest granted until submission of police report or availability of credible evidence.
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Court No. - 32
Case :- CRIMINAL MISC. WRIT PETITION No. - 11888 of 2018
Petitioner :- Prashant Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Chandra Bhan Dubey,Anil Kumar Dubey Counsel for Respondent :- G.A.
Hon'ble Shashi Kant Gupta,J. Hon'ble Bachchoo Lal,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. 465 of 2016, under section 379 IPC, Police station Ghaziabad Kotwali, District Ghaziabad.
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 the credible evidence is not available against him 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/MLK
2 issues framed by the court
Whether the petition for quashing the FIR should be allowed.
Whether a stay of arrest should be granted during investigation under Section 157 Cr.P.C.
Colour shows how this judgement treated each authority
Joginder Kumar Versus State of U.P.Applied¶9
Joginder Kumar Versus State of U.P. 1994 Cr.L.J. 1981
2 provisions across 1 enactments
Prashant
State Of U.P.
Shashi Kant Gupta
Bachchoo Lal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
