Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 5574 of 2019 Petitioner :- Aslam Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pradeep Kumar,Kalp Dev Mishra Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Kalp Dev Mishra for the petitioner and A.G.A. for State of U.P.
This writ petition has been filed for quashing the F.I.R. dated 10.8.2018 (registered as Case Crime No. 555 of 2018), u/s 379 I.P.C., P.S. Phase Second, district Gautam Buddh Nagar.
In substance, allegation in the F.I.R. has been made that the informant had parked his bike no. UP-16 AR 5919 in front of the Society Gate. When the petitioner came back, then his bike was missing. Nobody was named in the F.I.R. It is alleged that subsequently, Imran and Mohit were arrested and from their possession, one stolen bike was recovered and in that respect, F.I.R. of Case Crime No. 0556 of 2018 was registered on 11.8.2018. When the police recorded statement of co-accused Imran and Mohit, then they informed that they had purchased that bike from Aslam (the petitioner). Now, the police has connected the petitioner in Case Crime No. 555 of 2018, on the basis of the statement of Imran and Mohit (the accused) of Case Crime No. 556 of 2018.
Counsel for the petitioner submits that apart from the confessional statement of co-accused, there is no material before the police to connect the petitioner with the aforesaid offence.
Considering the submissions advanced by counsel for the parties and nature of the allegations, it is directed that the petitioner shall not be arrested in pursuance of F.I.R. dated 10.8.2018 (registered as Case Crime No. 555 of 2018), u/s 379 I.P.C., P.S. Phase Second, district Gautam Buddh Nagar, till submission of police report under section 173(2) Cr.P.C. but he shall co-operate with the investigation of the case.
With the above direction, this petition is finally disposed of. Order Date :- 28.2.2019 Jaideep/-