Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 37325 of 2018 Petitioner :- Ashok Kumar Nimesh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rakesh Kumar Yadav,Rakesh Kumar Yadav Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Siddharth Mishra and Sri A. K. Visharia holding brief of Sri Rakesh Kumar Yadava for the petitioner and AGA for State.
The writ petition has been filed for quashing the FIR dated 29.10.2018 registered as Case Crime No. 125 of 2018, under Sections 26, 63, 66 of Indian Forest Act, 1927 and Section 2 and 3 of Forest (Conservation) Act, 1980 at P.S. Vijaygarh, Distt. Aligarh.
In substance in the FIR, the allegation has been made that on 13.10.2018 when inspection was made in reserved forest Baghiyar, then it was found that without having any proper permission OFC Cable (Hola pipe) was installed in the reserved forest area in which Ashok Kumar Nimesh, the Divisional Forest Officer is also involved.
The counsel for the petitioner submits that the informant Rajiv Khanna was made accused in case relating to Prevention of Corruption Act registered as Case No. 476 of 2018 on 18.10.2018 in order to mount pressure upon the petitioner, he has lodged this FIR in which the allegation has been made that the petitioner is also involved in illegal activities. Although there is no evidence relating to involvement of the petitioner in the aforesaid illegal activity.
In the facts of the case, the writ petition is disposed of with direction that petitioners shall not be arrested in pursuance of FIR dated 29.10.2018 registered as Case Crime No. 125 of 2018, under Sections 26, 63, 66 of Indian Foresh Act, 1927 and Section 2 and 3 of Forest (Conservation) Act, 1980 at P.S. Vijaygarh, Distt. Aligarh, till submission of police report under Section 173 (2) Cr P C.
Order Date :- 20.12.2018 Rahul /-