Court No. - 54
Case :- CRIMINAL MISC. WRIT PETITION No. - 2330 of 2019 Petitioner :- Riyasuddin Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Counsel for Respondent :- G.A.
Hon'ble Pritinker Diwaker,J. Hon'ble Raj Beer Singh,J.
This writ petition has been filed by the petitioner seeking quashment of FIR dated 19.08.2018 in respect of Crime No. 0516 of 2018 for the offence under Section 379 of I.P.C., P.S. Puranpur, District Pilibhit.
As per FIR and documents filed along with the petition, apprehension was shown by the complainant that a buffalo has been stolen by five accused persons including that of petitioner.
Considering the nature of allegations and the pleadings made in the petition, we are not inclined to quash the proceedings.
However, considering the averments made in the petition and the vague FIR, we finally dispose of this petition with a direction to the State authorities that no coercive action shall be taken against the petitioner in respect of above stated crime number till the submission of charge sheet under Section 173(2) of Cr.P.C. before the court concerned.
It is made clear that this order would remain effective till the petitioner cooperates in the investigation.
Order Date :- 28.1.2019 AKK/AV