Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 34362 of 2018 Petitioner :- Lavkush Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rakesh Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Shri Rakesh Kumar Singh, learned counsel for petitioner and learned A.G.A. for State of Uttar Pradesh.
This writ petition has been filed for quashing the F.I.R. dated 19.03.2017 registered as Case Crime No. 138 of 2017, under Sections 302, 120-B, 212/34 I.P.C., Police Station- Mauaima, District Allahabad.
A perusal of F.I.R. shows that in substance the allegation has been made that on 19.03.2017 the informant Mohd. Imtiyaz Ahmad alongwith his father Mohd. Sami was going to his village Sultanpur, Mauaima at 9:00 p.m. by Toyota Fortuner car bearing no. U.P.70 BM 786. As soon as his father step down from the car and began to open gate then Abhishek Yadav, Jabir Ali, Sudhir Kumar Maurya and one unknown person came there and made indiscriminating firing upon Mohd. Sami due to which his father died on the spot. During investigation the police interrogated one Rohit Singh who had stated in his statement that he had developed his friendship with Mahendra, Lavkush and Rajkumar Maurya. Earlier Rajkumar Maurya told him that his insult has been committed by a person and he wants to kill him then Rajkumar Maurya met with Mahendra Pasi. At that time, Lavkush was present with him. He also gave one country made pistol, which was used for commission of crime.
Counsel for the petitioner submits that the petitioner was not named in F.I.R. His name came into light only on the statement of Rohit Singh. In his statement, Rohit Singh stated that at time of mediation between Rajkumar Maurya and Mahendra Pasi, the petitioner Lavkush was present there. Petitioner has not committed any offence.
We have considered the argument of the counsel for petitioner, since the F.I.R. discloses cognizable offence as such it is not liable to be quashed. However, at present there is no material on record to show the involvement of the petitioner.
As such the writ petition is disposed of with the direction that petitioner shall not be arrested till the collection of credible evidence in Case Crime No. 138 of 2017, under Sections 302, 120-B, 212/34 I.P.C., Police Station- Mauaima, District Allahabad.
Order Date :- 29.11.2018/Sharad/-