Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 37591 of 2018 Petitioner :- Indresh Kumar Chaudhary @ A.K Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Akhilesh Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Akhilesh Kumar Mishra for the petitioner and AGA for State.
The writ petition has been filed for quashing the FIR dated 26.10.2018 registered as Case Crime No. 610 of 2018, under Section 41, 411, 420, 467, 468, 471, 120 B IPC, P.S.
Dhanghata, Distt. Sant Kabir Nagar.
A perusal of the FIR shows that allegation has been made that on 12.10.2018 on the information of police informer, the police persons have arrested Ram Sharan Nishad and Ramnath Chaudhary along with a tractor. When papers of the said tractor was asked then the accused failed to show papers of vehicle and informed the police party that the tractor was handed over to them by their friend A.K. Singh @ Indresh Chaudhary, who had also handed over three more tractors to them in which forged registration number was mentioned. Thereafter other three tractors were also recovered by the police party from village Parsa Hazzam.
The counsel for the petitioner submits that apart from confessional statement of co-accused there is no material on record to connect the petitioner with the tractors allegedly recovered on pointing out of Ram Sharan Nishad and Ramnath Chaudhary. So far as these two accused are concerned, they had already been granted bail by the competent court.
A perusal of the FIR indicates that it discloses the cognizable offence as such it is not liable to be quashed at this stage.
However, considering the submissions advanced by the counsel for the parties and nature of the allegations it is directed that the petitioner shall not be arrested in pursuance of the FIR dated 26.10.2018 registered as Case Crime No. 610 of 2018, under Section 41, 411, 420, 467, 468, 471, 120 B IPC, P.S.
Dhanghata, Distt. Sant Kabir Nagar, till submission of police report under Section 173 (2) Cr P C.
It is further observed that in case the the petitioner surrenders before the court below and applies for bail, then same shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P., 2004 (57) ALR 290 and affirmed by Apex Court in Lal Kamlendra Pratap Singh Vs. State of U.P., 2009 (3) ADJ 322 (SC).
The writ petition is disposed of.
Order Date :- 21.12.2018 Rahul /-