LUKMAAN Vs. STATE OF UTTARAKHAND & OTHERS

JUDGEMENT

(1.) Present writ petition has been filed by the petitioner for quashing the first information report dated 15.06.2017 of Case Crime No.249 of 2017, under section 407 of I.P.C., registered at Police Station Manglore, District Haridwar. Further prayer has been made commanding the respondent nos.1 & 2 not to harass and arrest the petitioner in view of the impugned FIR till the collection of credible evidence against the petitioner or till the filing of the report submitted under Section 173 of Cr.P.C.

(2.) Allegations in the complaint are that petitioner in collusion with other accused persons was illegally selling the liquid of tankers near Indian Hotel which belonged to ITC Company. On information, police party reached there and arrested the driver, namely, Dayanand. It is alleged that two persons ran away from the spot and one escaped person was the present petitioner. On the basis of which an F.I.R. was registered against the petitioner.

(3.) Learned counsel for the petitioner submits that petitioner is not a criminal person and he is just a farmer. He submits that though the complaint was made of theft but FIR shows that everything happened at the spot. He submits that the allegations made against the petitioner are false and fabricated. He further submits that the FIR is lodged with mala fide intention, which is an abuse of process of law and same should be quashed.