Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 2422 of 2019 Petitioner :- Rizwan Ali Khan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rahul Saxena Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Rahul Saxena, learned counsel for the petitioner, Sri Prabhash Pandey, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioner with a prayer to quash the F.I.R. dated 05.01.2019 registered as case crime no. 0007 of 2019 under sections 420, 467, 468, 471 I.P.C., police station Civil Lines, District Moradabad.
Learned counsel for the petitioner submits that the main allegation is on Kuldeep, who has got the sugar booked for transportation. The petitioner is neither the owner of the truck in question nor connected with the transportation of the sugar also, hence his name has been implicated in the present case only on the information given by Kuldeep, the said fact has been mentioned in paras-9 and 11 of the present petition, hence the present F.I.R. against him is liable to be quashed by this Court.
Learned A.G.A. opposed the prayer for quashing.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioner shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but he shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
The case of the petitioner is distinguishable from other co-accused persons.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 29.1.2019 Shiraz