Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 2714 of 2019 Petitioner :- Jitendra Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mohd. Ayub Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Mohd. Ayub, for the petitioner and A.G.A. for the State of U.P.
The writ petition has been filed for quashing the F.I.R. dated 28.9.2018, registered as Case Crime No.1360 of 2018, under Sections 411, 414, IPC, P.S. Phase-III, Noida, district Gautam Budh Nagar.
In substance, in the F.I.R. the allegation has been made that on 27.9.2018 at about 21-00 hours when the police was checking vehicles then accused Vijai son of Patiram, Akash son of Birjoo Ram, Akash son of Bhikam Sigh, Ramdutt son of Vijendra were arrested from the spot and from their possession looted mobiles phones were recovered. One accused Jitendra was able to fled away from the spot. Subsequently, S.I. Ankush Kumar came there and informed that he had chased Jitendra (petitioner) upto his house where his mother had obstructed his way and he was fled away through roof.
The counsel for the petitioner submits that the petitioner was neither arrested from the spot nor any recovery was made from his possession. The name of petitioner was disclosed by S.I. Ankush Kumar without any basis. Although mother of the petitioner has already moved an application before Senior Superintendent of Police relating to misbehaviour of the police with her.
In the fact of the case the writ petition is disposed of with the direction that the petitioner shall not be arrested in Case Crime No.1360 of 2018, under Sections 411, 414, IPC, P.S. Phase-III, Noida, district Gautam Budh Nagar, till submission of police report under Section 173(2) Cr.P.C.
Order Date :- 31.1.2019 mt