RAMEEZ KHAN Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Basharat Ali Khan, learned counsel for the petitioner and learned AGA for the State.

(2.) By means of the instant writ petition under Article 226 of the Constitution of India, the petitioner is assailing the legality and validity of the FIR dtd. 20/3/2024 lodged in Case Crime No. 0058 of 2024, under Ss. - 174-A IPC, Police Station- Kokhraj, District- Kaushambi.

(3.) As per the prosecution version, the informant/ Incharge Inspector Indradev lodged an FIR relating to Case Crime No. 0058 of 2024, under Ss. - 174-A IPC, Police Station- Kokhraj, District- Kaushambi on 20/3/2024 as the accused Rameez Khan s/o Naimat Ullah Khan, r/o Shitalpur, Tulsipur, District- Balrampur in Case Crime No. 467 of 2023, under Sec. 302 IPC, P.S. Pokhraj, District Kaushambi was absconding. The NBW was issued against the accused on 7/12/2023 by Chief Judicial Magistrate, Kaushambi and declaration under Sec. 82 Cr.P.C. was done by the CJM Kaushambi on 18/1/2024. The declaration under Sec. 82 Cr.P.C. was executed by affixation of declaration against the accused on his address at Bhaghakala (Gulahria Kala) P.S. Tulsipur, District Balrampur as well as Police Station- Kokhraj District-Kaushambi. Raid was conducted on residential address as well as other addresses of the accused Rameez Khan. The accused has not complied with the declaration under Sec. 82 Cr.P.C. issued by the court. He has hidden himself and gradually removing his property. Thus accused committed an offence under Sec. 174-A IPC and FIR be lodged against him accordingly.