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Showing contexts for: 414 ipc in Naresh vs State Of U.P. And Another on 18 March, 2021Matching Fragments
1. Heard Mr. Mirza Ali Zulfaqar, learned counsel for applicant and learned AGA for State.
2. This application under section 482 Cr.PC has been filed challenging order dated 30.10.2019 passed by Judicial Magistrate, Rampur in Case Crime No. 237 of 2019 (State Vs. Natthu Lal and others) under Sections 411, 414 I.P.C. P.S. Bhot, District, Rampur as well as order dated 19.12.2020 passed by Additional Session Judge Court No. 3, Rampur in Criminal Revision No. 16 of 2020 (Naresh Vs. State of U.P.) arising out of order dated 30.10.2019 whereby aforesaid Criminal revision has been dismissed.
3. Record shows that in respect of an incident which is alleged to have occurred on 21.09.2019, a prompt F.I.R. dated 21.09.2021 was lodged by first informant/opposite party-2 Sub Inspector Ram Sundar Yadav and was registered as Case Crime No. 237 of 2019 (State Vs. Nathhu Lal and others) under Sections 411, 414 I.P.C. P.S. Bhot District, Rampur. In the aforesaid F.I.R., three persons namely Natthu Lal, Ravi Kumar and Naresh have been nominated as named accused.
4. Perusal of F.I.R. goes to show that on information received from informant, Police of Police Station Bhot acted swiftly. Accordingly, Police Check was laid at Thunapur crossing. At the time of checking, one vehicle bearing registration no. U.P.22AT2483 was also checked. Three iron chequered plates and 400 litres of diesel were recovered from aforesaid vehicle. One person managed to escape away whereas two persons were arrested on spot. Upon arrest, arrested persons disclosed their names as Ravi and Natthu Lal. They further disclosed that name of run away accused as Naresh.
14. Consequently, in view of the discussion made above, present application succeeds and is liable to be allowed.
15. Accordingly, impugned orders 30.10.2019 passed by Judicial Magistrate Rampur in Case Crime No. 237 of 2019 (State Vs. Nathhu and others) under Sections 411, 414 I.P.C. P.S. Bhot, District, Rampur and order dated 19.12.2020 passed by Additional Session Judge Court No. 3, Rampur in Criminal Revision No. 16 of 2020 (Naresh Vs. State of U.P.) are hereby quashed. Matter is remaned to concerned Magistrate who shall decide the release application filed by applicant-Naresh afresh in the light of observations made herein above, preferebly within a period of one month from the date of production of a certified /computer generated copy of this order which shall be filed by applicant by means of an affidavit.