Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 5078 of 2019 Petitioner :- Ramdayal Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajnish Dubey Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioner, learned AGA for the State- respondents and perused the record.
Instant writ petition seeks quashing of the FIR dated 12.12.2018, registered as Case Crime No. 262 of 2018, under Sections 332, 353, 225, 225B, 186, 452, 504, 336, 427, 379 IPC at P.S. Kolhui, District Maharajganj.
Allegation in the FIR is that the accused persons forcibly took one prisoner out of the custody of the police and destroyed State property. FIR names as many as eight persons including the petitioner and discloses participation of hundreds of other women and men.
Grievance of the petitioner is that on the date of incident, petitioner was not even present at the spot because he works at Bangalore in connection with his employment.
Be that as it may, it is well settled that defence of the accused is not to be considered at this stage. Accordingly, the prayer of the petitioner to quash the FIR, which discloses commission of cognizable offence, is not acceptable and is, accordingly, rejected.
The writ petition is dismissed.
Order Date :- 25.2.2019 RavindraKSingh