Ashutosh Kumar @ Veeru and Another Vs State of U.P. and 2 Others

Court No. - 33

Case :- CRIMINAL MISC. WRIT PETITION No. - 10187 of 2019

Petitioner :- Ashutosh Kumar @ Veeru And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Balbeer Singh Counsel for Respondent :- G.A.

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Hon'ble Manoj Misra,J. Hon'ble Suresh Kumar Gupta,J.

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Heard learned counsel for the petitioners; learned AGA for respondents 1 and 2 and perused the record.

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The instant petition seeks quashing of the first information report dated 7.4.2019 registered as Case Crime No.265 of 2019, under Sections 457, 380 IPC at Police Station Kotwali, District Fatehpur.

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The allegation in the impugned FIR is that accused had been visiting informant's house. It is alleged that in the night of 4/5.4.2019 the accused entered the house of the informant, broke open the almirah, took away the ATM card, jewellery, cash etc and next day used the ATM card to pay Rs. 57000 for purchase of motorcycle and in addition thereto Rs. 5000 was transferred to the agency owner from whom the motor cycle was purchased.

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The contention of learned counsel for the petitioner is that from the allegations it appears that motor cycle was purchased by co-accused Anshu Mishra and not by the petitioners and, therefore, the case of the petitioner is distinguishable from Anshu Mishra.

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The aforesaid contention cannot be accepted, inasmuch as in the first information report it is alleged that all the four accused were involved.

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Under the circumstances, no case for interference in the writ jurisdiction is made out.

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The petition is dismissed with liberty to the petitioner to apply for bail.

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Order Date :- 13.5.2019 Manish Tripathi

Ashutosh Kumar @ Veeru and Another v. State of U.P. and 2 Others

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Ashutosh Kumar @ Veeru and Another v. State of U.P. and 2 Others

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