This court dismissed a criminal miscellaneous writ petition seeking quashing of an FIR under Section 353 IPC for misbehaviour with an Anti-theft team. The court held the allegations were not exceptions to and no case was made out for interference.
No relief granted. Writ petition dismissed as devoid of merits.
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Court No. - 42
Case :- CRIMINAL MISC. WRIT PETITION No. - 3181 of 2020
Petitioner :- Mohd Taufiq And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sunil Kumar Upadhyay Counsel for Respondent :- G.A.,Pranjal Mehrotra
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Dinesh Pathak,J.
Heard learned counsel for the petitioners and Sri Pranjal Mehrotra, learned Advocate appearing for the respondent no.3.
By means of the present writ petition, the petitioners are seeking quashing of the FIR dated 29.01.2020 registered as Case Crime No. 19 of 2020 under Section 353 I.P.C., P.S.Azeem Nagar, District- Rampur.
The allegations made in the first information report are of misbehaviour with the team of engineers who went on the spot with an Anti-theft team for inspection.
The submission of learned counsel for the petitioners is that the petitioners have falsely been implicated in the criminal case and five first information reports based on wrong facts have been lodged against the petitioners. The details of the criminal cases lodged against the petitioners in paragraph '15' indicates that apart from case under Section 353, cases are under Sections 332, 323, 427 & 506 I.P.C. and 3/5 of the Prevention of Damages of Public Property Act have been lodged against the petitioners.
No exception can be taken to the allegations made in the first information report that the petitioners had misbehaved with the officials of Anti-Theft Team, who went for the spot inspection.
No case is, thus, made out for interference.
The writ petition is, thus, found devoid of merits and hence dismissed .
Order Date :- 4.3.2020 P Kesari
2 issues framed by the court
Whether to quash an FIR alleging misbehaviour with an Anti-theft team under Section 353 IPC.
Whether the allegations in the FIR are made out for granting writ interference.
1 provisions across 1 enactments
Mohd Taufiq And Another
State Of U.P.
Sunita Agarwal
Dinesh Pathak
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
