Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 37300 of 2018 Petitioner :- Sandeep Kumar Yadav @ Chhotu Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Tej Bhanu Pandey Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Tej Bhanu Pandey 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 7.2.2018 (registered as Case Crime No. 45 of 2018), u/s 392 I.P.C., P.S. Kotwali, district Jaunpur.
It has been alleged in the F.I.R. that the informant Vinay Kumar Sharma was going to his house from the college, then in the way, the unnamed accused came on a motorcycle and snatched his mobile phone and fled away from the spot. It is alleged that during investigation, Rajesh Yadav, neighbourer of the petitioner, who is posted as Home Guard in U.P. Home Guard at P.S. Kotwali, district Jaunpur. He has falsely named the petitioner in this case, although Rajesh Yadav was neither on the spot, nor has any connection with this case. On the basis of statement of Rajesh Yadav, now the police has got arrest warrant issued against the petitioner from the Court of C.J.M. on 20.11.2018.
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 7.2.2018 (registered as Case Crime No. 45 of 2018), u/s 392 I.P.C., P.S. Kotwali, district Jaunpur, 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 :- 19.12.2018 Jaideep/-