Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 5203 of 2019 Petitioner :- Kanjar @ Suhail Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anil Kumar Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioner; learned A.G.A. for the respondents 1 and 2; and perused the record.
The instant petition seeks quashing of the first information report dated 12.02.2019 registered as Case Crime No.68 of 2019, under Sections 457, 380 IPC, P.S. Sikandra Rao, District Hathras.
The allegation in the first information report is to the effect that in the night the shutter of the shop of the informant was broken and cash as well as large number of Sarees etc. were stolen. The first information report has been lodged without naming any person.
The learned counsel for the petitioner states that the police is now harassing the petitioner and since the petitioner is not named in the first information report, therefore, he should be granted protection.
The aforesaid contention is misconceived because in matters relating to theft, investigation has to be brought to its logical conclusion, as far as possible, by effecting recovery of stolen articles. Such recovery may be effected by interrogating the accused or by taking him on remand therefore, in such matters, it would not be appropriate for us to interfere as any interference may become a hurdle in the investigation to arrive at the truth.
In view of the above, we decline to entertain this petition. The petition is dismissed.
Order Date :- 26.2.2019 AKShukla/-