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Judgment
Anil Kumar Agarwal,J.
Heard Mr. Imran Ullah, learned counsel for the petitioner, learned AGA for the State and Mr. Nishant Mehrotra and Mr. Vinay Saran, learned counsel appearing on behalf of respondent no. 3.
This petition has been filed by the petitioner with a prayer to quash the F.I.R. in case crime no. 193 of 2013, under sections 406, 420 I.P.C. P.S. Banna Devi, district Aligarh.
From the perusal of the F.I.R. it appears that on the basis of the allegations made therein a prima facie cognizable offence is made out. There is no ground for interference 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 Jogender 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 investigation.
With the above direction this petition is finally disposed of.