Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 34546 of 2018 Petitioner :- Ashok Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Hardev Prajapati Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Shri Hardev Prajapati, learned counsel for petitioner and learned A.G.A. for State of Uttar Pradesh.
This writ petition has been filed for quashing the F.I.R. dated 18.11.2018 registered as Case Crime No. 1049 of 2018, under Sections 41, 102 Cr.P.C. and Section 411 I.P.C., Police Station- Kasganj, District- Kasganj.
A perusal of F.I.R. shows that stolen vehicle was recovered from the possession of co-accused Laxmi Narayan who has stated that vehicle was purchased by him from Ashok Kumar the petitioner. F.I.R. discloses cognizable offence, which is not liable to be quashed.
Counsel for the petitioner submits that statement of co-accused is not admissible as against the petitioner and at present there is no evidence to show that the petitioner has sold the vehicle to Laxmi Narayan.
In view of the fact, this writ petition is disposed of with the direction that petitioner shall not be arrested in Case Crime No. 1049 of 2018, under Sections 41, 102 Cr.P.C. and Section 411 I.P.C., Police Station- Kasganj, District- Kasganj till the submission of report by Investigating Officer under Section 173(2) Cr.P.C.
Order Date :- 30.11.2018 Sharad/-