Court No. - 50
Case :- CRIMINAL MISC. WRIT PETITION No. - 16010 of 2020 Petitioner :- Yusuf Khan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Virendra Singh Counsel for Respondent :- G.A.,Surya Bhan Dubey
Hon'ble Anjani Kumar Mishra,J. Hon'ble Shekhar Kumar Yadav,J.
Heard learned counsel for the petitioner, learned counsel appearing for the opposite party No. 4 and learned A.G.A. for the State.
The instant petition seeks quashing of the F.I.R. dated 17.06.2020 giving rise to case Crime No. 518 of 2020 under Sections 420, 467, 468, 471 I.P.C., P.S. Cant, District- Bareilly The contention of the learned counsel for the petitioner is that he is owner of the truck No. U.P. 25TC- 9434 and the allegation is that certain rice was loaded on UP 25 TC-9434 on 13.06.2020 and thereafter the rice was not delivered to the place for which it has been consigned. The petitioner was using the truck with a forged number plate.
It has been submitted that no rice was loaded under the truck of the petitioner and it has been wrongly and illegally seized. No first information report has been lodged either by the consignee or by cosigner of the rice.
Learned A.G.A. appearing for the opposite party No. 4 and first informant have opposed.
The allegations and counter allegations are necessarily to be determined on the basis of the evidence that may be collected during course of investigation. The investigation therefore may be concluded expeditiously however the petitioner shall not be arrested till such time the police report under Section 173(2) Cr.P.C. is filed in the matter, subject to restraint that he shall co- operate with the investigation and shall appear as and when called upon to assist in the investigation.
With the above direction, this petition is finally disposed off.
Order Date :- 5.1.2021/SY