Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 2340 of 2019 Petitioner :- Sannu Alias Rafeeq Mohammad Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Akhilesh Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard Sri Akhilesh Kumar Mishra, learned counsel for the petitioner; learned AGA for the State respondent nos. 1 and 2 and perused the record.
The instant petition seeks quashing of the First Information Report dated 08.10.2018, which has been registered as Case Crime No. 1153 of 2018, under Sections 457 and 380 IPC, Police Station Khalilabad, District Sant Kabir Nagar.
The allegation in the FIR is regarding theft in the house of the informant. The FIR has been lodged against unknown persons.
Learned counsel for the petitioner states that there is no allegation against the petitioner and that he is unnecessarily being harassed.
In a matter relating to theft, recovery of stolen goods is of prime importance and, therefore, at times arrest or police interrogation of a suspect may become necessary.
Under the circumstances in case, we interfere with the investigation it may become hurdle for the investigating agency to arrive at the truth. In view of the above, as the FIR discloses commission of cognizable offence, no case for quashing the First Information Report or to interfere with the investigation is made out.
The petition is dismissed.
Order Date :- 29.1.2019 Lbm/-