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2013 DIGILAW 936 (ALL)

Jitendra Khandelwal v. State of U. P. and Others

2013-03-21

ANIL KUMAR AGARWAL, RAVINDRA SINGH

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Hon'ble Ravindra Singh,J. Hon'ble Anil Kumar Agarwal,J. Heard 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. in case crime no.13 of 2013, under sections 406, 504, 506 I.P.C., P.S. Govind Nagar, District Mathura. 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 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 petitioner shall not be arrested in above mentioned case, till the credible evidence is not collected by the I.O. during pendency of the investigation. With the above direction this petition is finally disposed of. _____________