Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 3882 of 2021 Petitioner :- Sangram Singh @ Sonu And 2 Ors.
Respondent :- State Of U.P. And 3 Ors. Counsel for Petitioner :- Ronak Chaturvedi Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J.
Hon'ble Syed Aftab Husain Rizvi,J.
Heard Sri Ronak Chaturvedi for the petitioners; learned A.G.A. for the respondents 1, 2 and 3; and perused the record.
The instant petition seeks quashing of the first information report dated 12.05.2021 registered as Case Crime No.77 of 2021, under Section 364 IPC, P.S. Usawan, District Budaun.
The allegation in the impugned first information report, which has been lodged by the father of the missing person, is that the missing person was taken to the State of Telangana in connection with employment. It is alleged that the accused were to return with missing person but they have returned back whereas missing person is still missing. Suspicion with regard to the involvement of the accused in abduction of the missing person is expressed.
The contention of the learned counsel for the petitioners is that the impugned first information report has been lodged merely on suspicion without there being any credible evidence against the petitioners.
As it is not in dispute that the person missing is still missing and has not been recovered, the investigation of the case would have to be carried out to find out whether missing person is alive or dead and if he is found alive, as to why he was missing. In case he is found dead, guilty will have to be found out and prosecuted.
Under the circumstances, the prayer of the petitioners to quash the first information report cannot be accepted.
The petition is dismissed without prejudice to the right of the petitioners to apply for bail/anticipatory bail, as may be advised.
Order Date :- 27.5.2021 AKShukla/-
Digitally signed by Justice Manoj Misra Date: 2021.05.28 13:52:14 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by SYED AFTAB HUSAIN RIZVI Date: 2021.05.28 13:54:52 IST Reason: Document Owner Location: High Court of Judicature at Allahabad