Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 4576 of 2019 Petitioner :- Asif Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vinod Kumar Tirpathi,Manoj Kumar Tripathi Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioners; learned A.G.A. for the respondents 1 and 2; and perused the record.
The instant petition seeks quashing of the first information report dated 27.1.2019 registered as Case Crime No. 0018 of 2019, under Sections 452 and 380 IPC, P.S. Kiratpur, District Bijnor.
The allegations in the impugned First Information Report is in respect of theft of buffaloes. The allegations disclose commission of cognizable offences and, therefore, the prayer of the petitioner to quash the First Information Report cannot be accepted.
However, at this stage, the learned counsel for the petitioner states that the petitioner is not named in the First Information Report. Buffaloes have already been recovered and co-accused has been granted protection from arrest till submission of police report under Section 173(2) Cr.P.C. vide order dated 21.2.2019 passed in Cri. Misc. Writ Petition No. 4641 of 2019.
Considering the facts and circumstance of the case, though we refuse to accept the prayer for quashing of the First Information Report, we deem it appropriate to dispose off this petition by providing that the investigation shall continue and be brought to its logical conclusion but, subject to petitioner's cooperation in the investigation, he shall not be arrested in the aforesaid case till submission of police report under Section 173(2) Cr.P.C.
The petition is disposed off.
Order Date :- 25.2.2019 Md Faisal