Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 2275 of 2019 Petitioner :- Sanjay Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Deepak Kumar Yadav Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioner; learned A.G.A. for respondents 1, 2 and 3; and perused the record.
The instant petition seeks quashing of the First Information Report dated 9.1.2019 registered as Case Crime No. 0029 of 2019, under Section 420, I.P.C., and 63 Copy Right Act (Amendment) 1957, at Police Station - Surajpur, District - Gautam Budh Nagar.
The allegation in the First Information Report is that spurious spare parts of Ashok Leyland company were being sold at Sanjay Diesel Works which is alleged to be of the petitioner and from there the petitioner is stated to have escaped, upon seeing the police party.
The petitioner claims that he is not the shop owner but is a mechanic and he has been falsely implicated.
Be that as it may, it is well settled that ordinarily defence of the accused cannot be considered for the purpose of quashing the First Information Report.
In view of the above, the petition is dismissed. Order Date :- 29.1.2019 Md Faisal