Petitioner sought quashing of an FIR. Court refused quash but directed no arrest until credible evidence emerges or police report is submitted.
No arrest directed until credible evidence is available or police report under S. 173(2) Cr.P.C. is submitted.
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Court No. - 32
Case :- CRIMINAL MISC. WRIT PETITION No. - 4537 of 2020
Petitioner :- Dr. Veer Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ashwini Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Shashi Kant Gupta,J. Hon'ble Mrs. Manju Rani Chauhan,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. 0049 of 2020, under sections 420, 468, 218 IPC, Police Station Anoopshahar, District Bulandshahar.
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 :- 27.7.2020 Arun
1 issue framed by the court
Whether the petition for quashing the FIR should be allowed?
Colour shows how this judgement treated each authority
Joginder Kumar Versus State of U.P.Referred¶9
Joginder Kumar Versus State of U.P. 1994 Cr.L.J. 1981
Dr. Veer Singh
State Of U.P.
Others
Shashi Kant Gupta
Manju Rani Chauhan
As recorded by the court registry
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