Mohit Tomar Vs State of U.P. and 3 Others

Court No. - 43

Case :- CRIMINAL MISC. WRIT PETITION No. - 5805 of 2019

Petitioner :- Mohit Tomar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shailendra Kumar Pandey Counsel for Respondent :- G.A.

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Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.

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Heard Sri Shailendra Kumar Pandey, learned counsel for the petitioner, Sri A.N. Mulla, learned AGA and perused the impugned F.I.R, as well as material brought on record.

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The relief sought in this petition is for quashing of the F.I.R. dated 31.12.2018 registered as Case Crime No. 679 of 2018 under section 174-A I.P.C. P.S. Pilkhuwa District hapur.

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The petitioner an accused in F.I.R. under Section 376 and 506 I.P.C. He made an unsuccessful attempt to challenge the F.I.R. in Criminal Misc. Writ Petition No. 1714 of 2018 on 25.1.2018. It appears that he did not surrender before the court concerned, on the contrary, remained absconding resulting in issuance of process of 82/83 Cr.P.C. followed by the impugned F.I.R.

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Learned counsel for the petitioner submitted interim protection be afforded till such time revision preferred by the petitioner against the order dated 20.7.2018 refusing to transfer investigation is not disposed of. We failed to understand as to how an application for transfer of investigation was maintainable before the C.J.M. without even the petitioner being bailed out. This is yet another attempt to subvert the process of law.

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From the perusal of the FIR, prima facie it cannot be said that no cognizable offence is made out.

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The writ petition is dismissed.

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Order Date :- 5.3.2019 Ram Murti

Mohit Tomar v. State of U.P. and 3 Others

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Mohit Tomar v. State of U.P. and 3 Others

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