Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 531 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.
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 10.8.2018 (registered as Case Crime No. 0172 of 2018), u/s 392, 411 I.P.C., P.S. Railway Road, district Meerut.
In substance, allegation made in the F.I.R. is that on 10.8.2018, the informant was coming from railway station to her house, then at the place of Eidgah Road, two accused came on a bike from her behind and snatched her purse. She could neither recognize the accused, nor notice the bike number. In her purse, there were two mobile phones, one was of Motorola Company and the other was of Samsung Keypad. There was also Rs. 10,000/- cash and a bunch of keys and her Aadhaar Card in her purse. The SIM Nos. were 7906668688, 9084826517, 9719116594 and 6399760216. Only on the basis of suspicion, the police was harassing the petitioner. When the petitioner was moved an application before the Magistrate, then the police submitted report dated 22.12.2018 stating that the petitioner is wanted in Case Crime No. 172 of 2018, u/s 392, 411 I.P.C.
Counsel for the petitioner submits that the petitioner was neither named in the aforesaid F.I.R., nor there was any recovery from him. Only on the basis of statement of an accused named Ateef Ur Rahim, the petitioner is being harassed by the police in this case.
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 10.8.2018 (registered as Case Crime No. 0172 of 2018), u/s 392, 411 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/-