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2016 DIGILAW 1636 (ALL)

Bhure Alias Bhure Singh v. State of U. P.

2016-04-29

BALA KRISHNA NARAYANA, SHASHI KANT

body2016
JUDGMENT Heard the learned counsel for the petitioner and learned A.G.A. for the State. 2. This petition has been filed by the petitioner with a prayer to quash the impugned FIR, registered as Case Crime No. 217 of 2016, under Section 379 IPC, Police Station - Mirjapur, District Shahjahanpur. 3. It is submitted by learned counsel for the petitioner that the impugned FIR has been lodged by respondent no.4 after two months and four days of the alleged theft without any explanation for the inordinate delay in this regard and the petitioner has been nominated as an accused only on the basis of strong suspicion. He further submitted that there is no credible evidence on record even prima facie indicating the complicity of petitioner in the offence in question and therefore, the impugned FIR is liable to be quashed. 4. Per contra, learned A.G.A. for the State submitted that from perusal of the impugned FIR and on the basis of the allegations made therein it cannot be said that no cognizable offence is made out against the petitioner. As far as submission of learned counsel for the petitioner that impugned FIR is liable to be quashed on the ground of lack of credible evidence in support of allegations made in the FIR is concerned, the same is absolutely misconceived and the impugned FIR is not liable to be quashed on the aforesaid ground as the Investigating Officer will collect evidence during the course of investigation. 5. After having heard learned counsel for the parties and perused the material brought on record including the impugned FIR, we are not inclined to quash the impugned FIR. 6. However, considering the submission made by learned counsel for the parties, allegations made in the impugned 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 petitioners shall not be arrested in above mentioned case, till the credible evidence is collected by the Investigating Officer during pendency of the investigation. With the above direction, this petition is finally disposed of.