Allahabad High Court
Kim Wansoo vs State Of U.P. And 3 Others on 26 August, 2020
Bench: Shashi Kant Gupta, Shamim Ahmed
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 32 Case :- CRIMINAL MISC. WRIT PETITION No. - 8063 of 2020 Petitioner :- Kim Wansoo Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Manish Kumar Pandey,Santosh Kr. Singh Paliwal Counsel for Respondent :- G.A.,Romeshwari Prasad Hon'ble Shashi Kant Gupta,J.
Hon'ble Shamim Ahmed,J.
This writ petition has been filed by the petitioner with the following prayer:-
"Issue a writ, order or direction in the nature of certiorari quashing the F.I.R. dated 12.03.2020 in Case Crime No.0064 of 2020, under Sections 406, 420, 323, 504, 506 and 120-B I.P.C., Police Station Sadar Bazar, District Meerut."
Heard learned counsel for the petitioner Shri Manish Kumar Pandey assisted by Shri Santosh Kumar Singh, Shri Ravi Kant, Senior Advocate assisted by Shri Romeshwari Prasad, learned counsel for the respondent no.4 and learned A.G.A. for the respondent nos.1 to 3. Perused the record.
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 :- 26.8.2020 P.S.Parihar