Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 2291 of 2019 Petitioner :- Ram Lakhan @ Laakhan Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sujan Singh 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 respondents 1, 2 and 3; and perused the record.
The instant petition seeks quashing of the First Information Report dated 12.1.2019 registered as Case Crime No. 0035 of 2019, under Sections 381, I.P.C., at Police Station -Hariparvat, District - Agra.
The allegation in the First Information Report is that in the shop of the informant in between 3.11.2018 and 11.12.2018, a theft had taken place which has been captured in the C.C.T.V. footage of the camera installed at the shop. It is alleged that in the past also on 20.3.2018 a similar incident had taken place. It is stated that the principal accused is the petitioner, who had been in the employment of the informant in the past.
The learned counsel for the petitioner has submitted that as per the allegation in the First Information Report the C.C.T.V. footage is not conclusive to disclose the identity of thieves and the petitioner has been falsely implicated.
Be that as it may, the correctness of the allegations is not to be tested in writ jurisdiction, particularly, at the stage of investigation. Therefore, the prayer to quash the F.I.R. is rejected.
However, keeping in mind that there appears a C.C.T.V. footage of the incident, we deem it appropriate to dispose off this petition by providing that the Investigating Officer shall examine the C.C.T.V. footage to ascertain whether the petitioner has any role in the theft or not and thereafter he may take appropriate action as per law after considering the evidence as well as the information collected during the course of investigation.
With the aforesaid observations, the petition is disposed off.
Order Date :- 29.1.2019 Md Faisal