Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 5206 of 2019 Petitioner :- M.A Khan And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mohammad Khalid 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 the respondents 1 and 2; and perused the record.
The instant petition seeks quashing of the first information report dated 19.01.2019 registered as Case Crime No.37 of 2019, under Section 380 IPC, P.S. Navabad, District Jhansi.
The allegation in the first information report is with regard to theft in an establishment whose security was to be managed by the accused. The accused named in the first information report are office bearers of a company that had provided the security.
The contention of the learned counsel for the petitioners is two fold. The first is that the petitioners were not Incharge of the security of the establishment. The second is that criminal liability cannot be fastened on the principle of vicarious liability.
Be that as it may, as to who is responsible for the theft is a matter to be ascertained on the basis of the material collected during the course of investigation and, on the above ground, the first information report cannot be quashed, particularly, at this stage, when the matter is under investigation.
However, looking to the facts and circumstances of the case, we deem it appropriate to dispose off this petition by providing that the investigation shall continue and be brought to its logical conclusion but, subject to petitioners' cooperation in the investigation, they shall not be arrested in the aforesaid case till submission of police report under Section 173(2) Cr.P.C.
Order Date :- 26.2.2019 AKShukla/-