Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 12540 of 2019 Petitioner :- Yogendra Singh Yadav Alias Babali Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pt. S.P. Sharma Counsel for Respondent :- G.A.,Amit Daga,Umesh Kumar Tripathi Hon'ble Manoj Misra,J. Hon'ble Anil Kumar-IX,J.
Heard Sri N. I. Jafri, learned senior counsel, assisted by Pt. S.P. Sharma, learned counsel for the petitioner; learned AGA for the respondent Nos.1, 2 & 3; Sri Amit Daga, for the respondent No.4; and perused the record.
The instant petition seeks quashing of the FIR dated 13.7.2017 registered as Case Crime No. 307 of 2017 at Police Station- Kotwali Jhansi, District- Jhansi under Sections 364A, 120B, 216A, 368 IPC.
There is no dispute that the impugned First Information Report discloses commission of a cognizable offence. Issue raised is that the matter was investigated and charge sheet has been submitted against the persons involved but the investigation was kept pending and without cogent material, the petitioner has been implicated.
We had required learned AGA to obtain instructions and file an affidavit along with material collected during investigation, if any, against the petitioner in the Case Crime No. 307 of 2017.
An affidavit of compliance has been filed today in Court.
In the affidavit it is stated that abduction of Rajendra Agrawal and Rahul Agrawal was a planned operation and from the evidences collected during the investigation, it transpired that the petitioner had also been involved in the conspiracy. There are witnesses to show that they had over-heard the petitioner and other co-conspirators hatching the conspiracy.
Under the circumstances, the prayer to quash the action against the petitioner in the aforesaid case cannot be accepted in the writ jurisdiction.
The writ petition is dismissed with liberty to petitioner to apply for bail.
Order Date :- 31.5.2019/Ashutosh Pandey