Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 14362 of 2018 Petitioner :- Hazi Ikbal Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajeev Kumar Rai Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Rajeev Kumar Rai, learned counsel for the petitioner, Sri N.K. Verma, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioner with a prayer to quash the F.I.R. dated 13.5.2018 registered as case crime no. 326 of 2018 under sections 414 I.P.C. and section 41/102 Cr.P.C, police station Bisrakh, District Gautambudh Nagar.
Learned counsel for the petitioners submits that an FIR was lodged under section 380 IPC against unknown person as there was theft committed in the house of the petitioner and the investigation of the said case was transferred by the S.S.P., Ghaziabad to the Crime Branch and in pursuance of the said order, the Investigating Agency had recovered all the articles which were stolen from the house of the petitioner and the persons who were involved in the case, were arrested and were sent to Jail. The Investigating Officer of the said was transferred. Being annoyed of the said fact, the petitioner has been implicated in the present case.
Learned A.G.A. opposed the prayer for quashing.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioners shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but he shall co-operate with the investigation of the case.
The case of the petitioner is distinguishable with the case of the other co-accused persons.
With the above direction this petition is finally disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 30.5.2018 AU