This brief order dismisses a criminal miscellaneous writ petition seeking quashing of an FIR for theft. The court found no case made out for quashing.
Petition dismissed; petitioner directed to apply for bail if advised.
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Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 3482 of 2019
Petitioner :- Vishnu Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anuj Bajpai Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioner; learned A.G.A. for the State-respondent nos.1 & 2; and perused the record.
The instant petition seeks quashing of the FIR dated 01.12.2018 registered as Case Crime No.0911 of 2018, under Sections 457 and 380 I.P.C., Police Station Tilhar, District Shahjahanpur.
The allegation in the FIR is with regard to theft of certain articles from the place of the informant. The petitioner is named in the FIR. Various allegations have been made by the petitioner in defence but it has not been demonstrated that what was the previous enmity and why petitioner would be named in the FIR.
In view of the above, no case for quashing of the FIR is made out.
The petitioner may apply for bail, if so advised.
The petition is disposed off .
Order Date :- 8.2.2019 Ajeet
2 issues framed by the court
Whether there is a strong prima facie case requiring quashing of the FIR under Sections 457 and 380 IPC registered for theft.
Why the petitioner should be named in the FIR despite lack of demonstrated prior enmity.
Vishnu Singh
State Of U.P.
Manoj Misra
Vivek Varma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
