The court's decision was based on the prima facie cognizable offence made out in the FIR and the provisions of section 157 of the Code of Criminal Procedure, providing protection from arrest to the petitioner.

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 is not available against them 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. "

3. It is a submission of the learned counsel for the petitioner that a similar protection should be granted to the petitioner.

4. The Court has perused the First Information Report. It appears that prima facie a cognizable offence is made out. There is, therefore, no reason to interfere with the First Information Report. The prayer for quashing the impugned First Information Report is, accordingly, refused.

5. However, considering the allegations made in the First Information Report, 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 credible evidence is not available against him during the investigation or till the submission of the police report under section 173(2) of the Code of Criminal Procedure, whichever is earlier.

The writ petition is, accordingly, disposed of.