Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 5019 of 2018 Petitioner :- Arvind Kumar Tiwari And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sanjeev Kumar Rai,Sanjeev Kumar Rai Counsel for Respondent :- G.A.
Hon'ble Amreshwar Pratap Sahi,J. Hon'ble Rajeev Misra,J.
Heard learned counsel for the petitioners and learned AGA for the State.
The allegations made in the FIR dated 25.01.2018 in Case Crime No. 9 of 2018 under Section 382 IPC, Police Station Kaptanganj, District Azamgarh are that the petitioners had indulged in forcibly removing a gate and have actually stolen it, extending life threats to the complainant with a country-made pistol. Consequently, the petitioners are sought to be investigated under Section 382 IPC.
We have considered the submissions raised where the learned counsel contends that this is a case of false implication.
We are not inclined to enter into this issue as this is a matter of investigation, and therefore we are not inclined to quash the impugned FIR leaving it open to the petitioners to approach the court below for grant of bail in terms of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in 2009 (3) ADJ 332 (SC) and Amrawati & Another Vs. State of U.P. reported in 2004 (57) ALR 290.
Disposed of with the said directions.
Order Date :- 28.2.2018 S.Chaurasia