Petitioners sought quashing of an FIR under Section 386 IPC. The court refused the quash prayer due to a prima facie cognizable offence but directed non-arrest pending collection of credible evidence as per Joginder Kumar.
Direction not to arrest petitioners till credible evidence is collected by the Investigating Officer.
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Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 27399 of 2018
Petitioner :- Shivani And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mohammad Faisal Khan Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Naheed Ara Moonis,J.
Heard 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. in Case Crime No.525 of 2018, under Section 386 I.P.C, P.S. Shamli, District Shamli.
From the perusal of the impugned F.I.R, it appears that on the basis of the allegations made therein a prima facie cognizable offence is made out. There is no ground for interference in 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 Vs. 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 collected by the Investigating Officer during Investigation.
With the aforesaid direction, this petition is finally disposed of.
Order Date :- 1.10.2018 M. Tariq
1 issue framed by the court
Whether the petition for quashing of FIR under Section 386 IPC should be allowed given the prima facie case out?
Colour shows how this judgement treated each authority
Joginder Kumar Vs. State of U.P.Referred¶8
Joginder Kumar Vs. State of U.P. 1994 Cr.L.J 1981
3 provisions across 3 enactments
Shivani And Another
State Of U.P.
Bala Krishna Narayana
Naheed Ara Moonis
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
