Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16892 of 2018 Petitioner :- Anwarul Haque And 7 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ajai Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri A.K.Srivastava, learned counsel for the petitioners, Sri Deepak Mishra, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the F.I.R. dated 22.5.2018, registered as case crime No.50 of 2018, under Section 4/21 of The Mines and Minerals (Development and Regulation) Act, 1957 & Section 379, 411 I.P.C. and Section 3/5 of The Prevention of Damage to Public Property Act, P.S. Mataundah, District Banda.
Learned counsel for the petitioners submits that the impugned F.I.R. has been challenged by co-accused persons, before this Court in Crl. Misc. Writ Petition No.15084 of 2018 and Crl. Misc. Writ Petition No.16967 of 2018 in which interim protection has been granted to them vide order dated 11.6.2018, copy of which is annexed at page49 of the writ petition and vide order dated 2.7.2018 copy of which has been produced and the same is taken on record, hence the petitioners are also entitled for the same relief.
Learned A.G.A. opposed the prayer for quashing but could not dispute the aforesaid fact as argued by learned counsel for the petitioners.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioners shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but they shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 25.7.2018/NS