Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 25829 of 2019 Petitioner :- Arshad @ Mohd. Asad Siddique Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mohd. Farooq,Atul Srivastava Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the petitioner; learned AGA for respondents 1, 2 and 3; and perused the record.
The instant petition seeks quashing of the first information report dated 3rd December, 2019 registered as Case Crime No.1202 of 2019, under Sections 379 and 411 IPC and Section 4/21 Mines and Minerals (Development and Regulation) Act, 1957 at Police Station Dhoomanganj, District Allahabad (Prayagraj).
The allegations made in the impugned first information report are to the effect that a tractor laden with stolen sand was apprehended and when papers were sought the same could not be produced.
The contention of learned counsel for the petitioner is that the petitioner has not been apprehended on spot though he is stated to be tractor owner.
Be that as it may, whether the tractor of the petitioner has been utilized with his consent or without his knowledge or whether the petitioner is involved in the crime would all depend upon the material collected during the course of investigation and therefore the prayer of the petitioner to quash the first information report which disclose commission of cognizable offence cannot be accepted.
The petition is dismissed without prejudice to the right of the petitioner to apply for bail/anticipatory bail, as may be advised.
Order Date :- 18.12.2019. Rks.