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2016 Supreme(All) 2607

DILIP GUPTA, ASHWANI KUMAR MISHRA
Prateek Agarwal – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Petitioner: Rajesh Dwivedi,Satya Dheer Singh Jadaun
For the Respondent: G.A.

JUDGMENT

This writ petition has been filed for quashing the First Information Report dated 15 September 2015 which has been registered as Case Crime No.324 of 2015, under sections 147, 148, 149, 307 of the Indian Penal Code, 1860 at Police Station Bhoganipur, District Kanpur Dehat.

2. It is pointed out by learned counsel for the petitioner that the First Information Report bearing Case Crime No.323 of 2015 with regard to the said incident had also filed by respondent No.3 and that respondent No.3 with 7 others filed Criminal Misc. Writ Petition No.23992 of 2015 which has been disposed of on 5 October 2015 with following observations: -

"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 petitioners shall not be arrested in above mentioned case, till the credible evidence






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