Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 1277 of 2019 Petitioner :- Kanhaiya Lal Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Saurabh Trivedi,Pradeep Kumar Rai Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioners; learned A.G.A. for respondent nos. 1 to 4 and perused the record.
The instant petition seeks quashing of the first information report dated 29.12.2018 registered as Case Crime No. 910 of 2018, under Sections 307, 420, 379, 411 of I.P.C. and 41, 102 of Cr.P.C. and Section 137 of Electricity Act, 2003 Police Station- Civil Lines, District-Muzaffar Nagar.
The contention of the learned counsel for the petitioner is not that the F.I.R. does not disclose commission of any offence but is that no offence has been committed by the petitioner as alleged in the first information report and in fact, the petitioner has been falsely implicated on the basis of statement of co- accused.
It is not disclosed in the writ petition as to why the police would falsely implicate the petitioner and the statement of the co- accused would be false.
Under the circumstances, no case for quashing of the first information report or the investigation is made out. The petition is dismissed.
Order Date :- 21.1.2019 sweta