Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 5576 of 2019 Petitioner :- Om Prakash And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ram Mohan Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Ram Mohan for the petitioner and AGA for State.
The writ petition has been filed for quashing the FIR dated 26.8.2018 registered as Case Crime No. 0803 of 2018, under Section 447, 380 IPC, P.S. Kasganj, Distt. Kasganj (Kanshi Ram Nagar).
In the FIR, nobody was named. In substance, in the FIR the allegation has been made that on 25/26.8.2018 the sister of the informant has gone to Ghaziabad locking her house. Thereafter in the night some unknown miscreants have broke open the lock and committed theft of various articles mentioned in the FIR.
It has been stated that during investigation, co-accused Ajay was arrested and from his possession stolen property was recovered and in his statement under Section 161 Cr P C, he has stated that he had committed theft along with Rakesh @ Bucha, Radhey Shyam, Om Prakash and Ravi.
The counsel for the petitioner submits that apart from the statement of the co-accused neither there was any recovery from the possession of the petitioner nor any material available to connect the petitioner from the aforesaid offence.
We have considered the arguments of the counsel for the parties. A perusal of the FIR indicates that it discloses the cognizable offence as such it is not liable to be quashed at this stage.
However, considering the submissions advanced by the counsel for the parties and nature of the allegations it is directed that the petitioners shall not be arrested in pursuance of FIR dated 26.8.2018 registered as Case Crime No. 0803 of 2018, under Section 447, 380 IPC, P.S. Kasganj, Distt. Kasganj (Kanshi Ram Nagar) till submission of police report under Section 173 (2) Cr P C, subject to their extending full cooperation during investigation. The writ petition is disposed of.
Order Date :- 28.2.2019 Rahul Dwivedi/-