Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 34346 of 2018 Petitioner :- Hirendra Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Garun Pal Singh,Vikas Sharma Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Vikas Sharma for the petitioner and A.G.A. for State of U.P.
This writ petition has been filed for quashing the FIR dated 6.10.2018 (registered as Case Crime No. 0453 of 2018), u/s 379, 411 IPC, Sections 15 and 16 of Petroleum Act 1934, Section 3 and 4 of Prevention of Damage to Public Property Act 1984, Section 9-B of Explosive Act 1884, Section 207 of Motor Vehicles Act 1988, P.S. Mansoorpur, district Muzzaffar Nagar.
In substance, allegation has been made that on 6.10.2018 at 1330 hrs., a police party visited the spot, then it was found that from two vehicles, the people were downloading gas in their empty gas cylinders from the filled gas cylinders in the vehicle. When the police party raided the spot, Gaffar, Ali Sher and Monu @ Mohd. Shan were arrested with gas cylinders and Babar, son of Moosa and Faman, son of Abdul Hamid, were arrested with gas cylinders and gas pipes.
Counsel for the petitioner submits that the petitioner was neither arrested on the spot, nor his name was mentioned in the FIR. His name has been disclosed by co-accused, which is not admissible in evidence. Apart from it, there is no material against the petitioner. In the facts of the case, the FIR discloses cognizable offence, as such, it is not liable to be quashed.
However, 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 FIR dated 6.10.2018, registered as Case Crime No. 0453 of 2018, u/s 379, 411 IPC, Sections 15 and 16 of Petroleum Act 1934, Section 3 and 4 of Prevention of Damage to Public Property Act 1984, Section 9-B of Explosive Act 1884, Section 207 of Motor Vehicles Act 1988, P.S. Mansoorpur, district Muzzaffar Nagar, till the 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 :- 29.11.2018/Jaideep/-