Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 528 of 2019 Petitioner :- Sabej Kureshi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Yogendra Pal Singh Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
By the order dated 11.1.2019, A.G.A. was granted time to seek instruction, but the required instruction could not be obtained.
Heard Sri Yogendra Pal Singh for the petitioner and A.G.A. for State of U.P.
This writ petition has been filed for quashing the F.I.R. dated 3.8.2018 (registered as Case Crime No. 0169 of 2018), u/s 379, 356 I.P.C., P.S.Railway Road, district Meerut.
In substance, allegation made in the F.I.R. is that on 3.8.2018 at about 10 p.m., when the informant was coming back from his office and reached at the Jain Nagar Triangle, then two accused came on a motorcycle from his back side and picked up his mobile phone (Moto-G Make) from his pocket. The SIM No. was 9219288200.
Counsel for the petitioner submits that the petitioner was neither named in the F.I.R., nor any specification of the accused has been mentioned in it, nor any recovery was made from him. The police was harassing the petitioner only on suspicion. When the petitioner moved an application before the Magistrate, then the police submitted report that the petitioner is wanted in Case Crime No. 169 of 2018. He submits that only on the basis of statement of Ateef Ur Rahim, the petitioner is being harassed by the police.
In the facts of the case, the writ petition is disposed of with direction that the petitioner shall not be arrested in pursuance of F.I.R. dated 3.8.2018 (registered as Case Crime No. 0169 of 2018), u/s 379, 356 I.P.C., P.S.Railway Road, district Meerut, till the submission of police report under section 173(2) Cr.P.C. but he shall co-operate with the investigation of the case.
Order Date :- 22.1.2019 Jaideep/-