Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 5043 of 2019 Petitioner :- Imran Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Zabir Ali,Shashank Kumar Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioner; learned AGA for the respondent nos. 1 and 2; and perused the record.
The instant petition seeks quashing of the first information report dated 21.08.2018 registered as Case Crime No. 0630 of 2018, under Section 380, 411 IPC, police Station Jhinjhana, District Shamli.
The allegation in the first information report is with regard to theft of informant's buffalo. It is alleged that when search was made, three persons were seen taking away the buffalo. One person, namely, Farookh, was caught and two others escaped. The petitioner is named in the FIR as the person who escaped.
As the allegation made in the first information report discloses commission of cognizable offence, no case for quashing the impugned FIR is made out. The contentions of the petitioner are in respect of his defence, which cannot be considered at this stage, particularly, when the matter is under investigation, though they may be taken as grounds, while applying for bail.
With the aforesaid observation, the petition is disposed off. Order Date :- 25.2.2019 Lbm/-