The High Court refused to quash the FIR but directed that the petitioners not be arrested until credible evidence is collected by the Investigating Officer under Section 157 Cr.P.C., citing Joginder Kumar.
Direction: Petitioners not to be arrested till credible evidence is collected by the Investigating Officer.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 16037 of 2018
Petitioner :- Harswaroop Sharma And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kuldeep Singh Chahar Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Rajiv Gupta,J.
Heard learned counsel for the petitioners, learned A.G.A. for the State and Sri Dhananjay Kumar, Advocate holding brief of Sri Anurag Pathak, learned counsel for the respondent no. 3.
This writ petition has been filed by the petitioners with a prayer to issue a writ, order or direction in the nature of certiorari quashing the F.I.R. dated 22.12.2017 registered as Case Crime No. 1086 of 2017, under Section 406, 420, 467, 468, 506, 471 I.P.C., P.S.- Sadar Bazar, District- Agra.
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 interference with the F.I.R. Therefore, the prayer for quashing the impugned F.I.R. is refused.
However, considering the nature of the allegations made in the F.I.R., 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 abovementioned case, till the credible evidence is not collected by the Investigating Officer during investigation.
With the above directions, this petition is disposed of finally.
Order Date :- 21.6.2018 KS
3 issues framed by the court
Whether the initiated investigation under Section 406, 420, 467, 468, 506, 471 I.P.C. should be allowed to proceed without arrest of the petitioners.
Whether the application of Section 157 Cr.P.C. prior to arrest is necessary.
Whether a direction not to arrest the petitioners can be issued in a criminal miscellaneous writ petition.
Colour shows how this judgement treated each authority
Joginder Kumar Versus State of U.P.Explained¶8
Joginder Kumar Versus State of U.P.; 1994 Cr.L.J 1981
Harswaroop Sharma And Another
State Of U.P.
2 Others
Bala Krishna Narayana
Rajiv Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
