Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 34530 of 2018 Petitioner :- Anoop Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Abhishek Singh,Akshaivar Singh Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Abhishek Singh for the petitioner and Additional Government Advocate for the State of U.P.
The writ petition has been filed for quashing the F.I.R. dated 11.11.2018, registered as Case Crime No.399 of 2018, under Sections 414, IPC and Section 2/3 Prevention of Damage to Public Property Act, 1984, P.S.Chilkana, district Saharanpur.
A perusal of the F.I.R. indicates that it is alleged that petitioner was sitting on the dumper but at the time of checking he ran way from the spot and driver was arrested. There is allegation that the vehicle was found overloaded and on demanding no paper relating to bajari corsent loaded in the dumper, was produced.
The counsel for the petitioner submist that the petitioner was not on the spot and he has been wrongly shown as fled away from the spot in the F.I.R.
In the fact the writ petition is disposed of with the direction that the petitioner shall not be arrested in Case Crime No.399 of 2018, under Sections 414, IPC and Section 2/3 Prevention of Damage to Public Property Act, 1984, P.S.Chilkana, district Saharanpur till submission of police report under Section 173(2) Cr.P.C.
Order Date :- 30.11.2018 mt