Court No. - 2
Case :- CRIMINAL MISC. WRIT PETITION No. - 16220 of 2019 Petitioner :- Sundar Yadav Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Arvind Srivastava,Satya Prakash Singh Counsel for Respondent :- G.A.
Hon'ble Dinesh Kumar Singh-I,J. Hon'ble Pradeep Kumar Srivastava,J.
Heard Sri Arvind Srivastava, learned counsel for the petitioner, Sri Om Prakash-I, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioner with a prayer to quash the F.I.R. dated 30.5.2019 registered as case crime no.0097 of 2019 under sections 392, 386 I.P.C., police station Echotech-I, District Gautambudh Nagar.
It is argued by the learned counsel for the petitioner that the petitioner has been falsely implicated. The petitioner runs a dairy farm and some milk made items were supplied to the police of police station Echotech-I, District Gautam Budh Nagar and there was some dues upon the police regarding dairy product and due to dues of milk products, some hot talk took place between the petitioner and the respondent no. 3 because of which the petitioner has been falsely implicated. Next it has been argued by the learned counsel for the petitioner that even if the entire FIR is gone through, no ingredients under sections 392, 386 IPC are found to be made out against the petitioner. Neither the purchaser of the iron rod nor its seller nor the carrier of them have made any complaint with respect to the said exhortation having been made at the hands of the petitioner even then a false FIR has been lodged against the accused- petitioner. The petitioner is shown as one of the accused in the present case, therefore, FIR needs to be quashed.
Learned A.G.A. has vehemently opposed quashing of the FIR and has submitted that this is a big scam in which large number of iron rods are stolen forcibly and they are sold. There is an organized gang engaged in this scam. It is further submitted that total 48890 kgs. iron rod, value of which is worth Rs.21,51000/-, are found to be stolen, hence quashing of FIR should be refused.
Considering the submissions made by the learned counsel for the petitioner and after having made perusal of the record, it appears that it is a big scam of theft of the iron rod, we are not inclined to interfere in this matter.
The writ petition is accordingly dismissed.
(Pradeep Kumar Srivastava,J.) (Dinesh Kumar Singh-I, J.) Order Date :- 11.6.2019 AU