The court rejected the petition to quash an FIR but directed that the petitioners not be arrested pending collection of credible evidence by the Investigating Officer, citing Joginder Kumar.
FIR not quashed; direction given not to arrest petitioners 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. - 31437 of 2018
Petitioner :- Indrajeet And 5 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Raghubir Singh Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Krishna Pratap Singh,J.
Heard learned counsel for the petitioners and learned AGA for the State.
This writ petition has been filed by the petitioners with the prayer to quash the F.I.R. dated 19.10.2018 registered as Case Crime No.933 of 2018, under Sections 147, 148, 149, 384, 307, 504, 506, 427 IPC, P.S.Etmadaulla, District- Agra.
Learned counsel for the petitioners submitted that the impugned first information report has been lodged by the respondent no.3 containing absolutely false and concocted allegations against the petitioners with the ulterior intention of harassing them. It is further submitted that that no one has received any injury and apart from the bald allegations made in the impugned F.I.R., no credible evidence whatsoever is forthcoming even prima facie indicating at the complicity of the petitioners in the commission of the alleged crime and the impugned F.I.R., which is a bundle of lies and product of malice, is liable to be quashed.
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 :- 1.11.2018 Shalini
2 issues framed by the court
Whether the FIR containing false and concocted allegations maintained without any preliminary injury is liable to be quashed under Article 226.
Whether the petitioners should be arrested pending investigation given the nature of allegations in the FIR.
Colour shows how this judgement treated each authority
Joginder Kumar Versus State of U.P.Explained¶9
Joginder Kumar Versus State of U.P.; 1994 Cr.L.J 1981
Indrajeet And 5 Others
State Of U.P. And 2 Others
Bala Krishna Narayana
Krishna Pratap Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
