Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 5597 of 2019 Petitioner :- Rahul Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Jyotir Bhushan Singh Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Jyotir Bhushan Singh, learned counsel for the petitioner and learned AGA for the State of U.P.
The writ petition has been filed for quashing the FIR dated 9.1.2019 registered as Case Crime No. 04 of 2019, under Section 392 IPC, PS- Sarpatahan, District- Jaunpur.
In the FIR, in substance the allegation has been made that on 8.1.2019 at 1800 hours, the informant was going to his house after closing his shop on his motorcycle with some ornament. As soon as the informant reached village Jagdishpur then Rahul Yadav along with his two other friends, came behind him and stopped him, thereafter, they put pistol upon the informant and fell down his motorcycle. After that the accused broke the Diggi of the motorcycle and looted jewellery from him.
The learned counsel for the petitioner submits that this was an incident which took place in dark hours and nobody was recognized on the spot therefore, the delay has been committed in lodging the FIR and under suspicion the informant named the petitioner. Later on the informant gave an affidavit before the superintendent of police, in this respect that on the information receipt from other person, the petitioner was named in the FIR.
In the facts of the case, this writ petition is disposed of with a direction that petitioner shall not be arrested in Case Crime No. 04 of 2019, under Section 392 IPC, PS- Sarpatahan, District- Jaunpur till the submission of police report under Section 173(2) Cr.P.C.
Order Date :- 28.2.2019 Ashutosh Pandey