The High Court dismissed a Criminal Misc Writ Petition seeking quashing of an FIR regarding vehicle theft and fabrication of documents. The court held that a confessional statement is a sufficient basis to launch an investigation into an organized activity and refused to interfere.
Petition dismissed with liberty to the petitioner to apply for bail.
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Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 8723 of 2019
Petitioner :- Safayat Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kaushal Kumar Pandey,Anand Ji Mishra Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the petitioner; learned A.G.A. for the respondents 1, 2 and 3; and perused the record.
The instant petition seeks quashing of the first information report dated 14.03.2019 registered as Case Crime No.85 of 2019, under Sections 420, 467, 468, 471, 414 IPC and Section 41/102 Cr.P.C., P.S. Bhawanpur, District Meerut.
The allegation in the impugned first information report is that a Swift D-zire car No.U.P.16 U-8213 was spotted and was checked. Upon checking the papers, it was found that papers carried different chassis number and engine number than that inside the bonnet. Upon query, it was found that vehicles are stolen and sold by fabricating documents. Complicity of the petitioner is disclosed in the confessional statement of the person who was apprehended on the spot.
The contention of the learned counsel for the petitioner is that the confessional statement of co-accused before the police is of no evidenciary value moreover it has not been disclosed as to whether any first information report has been lodged by owners of the vehicle.
Be that as it may, even confessional statement can be made basis to launch investigation.
As the impugned first information report discloses an organized activity, we decline to interfere in the matter. The petition is dismissed with liberty to the petitioner to apply for bail, if so advised.
Order Date :- 8.5.2019 AKShukla/-
2 issues framed by the court
Whether the Criminal Misc Writ Petition seeking quashing of the FIR and investigation initiated based on a confessional statement should be allowed.
Whether the discrepancy in chassis and engine number and disclosure of organized activity justify non-interference.
6 provisions across 2 enactments
Safayat
State Of U.P.
3 Others
Manoj Misra
Suresh Kumar Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
