Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 37099 of 2018 Petitioner :- Sueb Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ranvijay Chaubey Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Ranvijay Chaubey, counsel for the petitioner and A.G.A appearing for the State of U.P.
Writ petition has been filed for quashing the F.I.R. dated 19.8.2018 registered as case crime no. 481 of 2018 under Sections 380,411 I.P.C., Police Station -Kairana, District Shamli.
In the F.I.R. Sueb, Shariq, Mehboob were named and one person was unnamed. In the F.I.R., allegation has been made that on 19.8.2018 4.am in the morning, four accused persons have stolen buffalo cub from the house of the informant and was found tight in Kher of Mehboob .Thus, F.I.R., discloses cognizable offence and as such, it is not liable to be quashed.
Counsel for the petitioner submits that the petitioner was not named in the F.I.R.but the local police is harassing in the garb that the petitioner was wanted in the aforesaid.
In view of the facts of present case, writ petition is disposed of finally with the direction that the petitioner shall not be arrested in case crime no. 481 of 2018 under Sections 380,411 I.P.C., Police Station -Kairana, District Shamli till submission of police report under Section 173(2) Cr.P.C.
Order Date :- 18.12.2018 aks