Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 1434 of 2019 Petitioner :- Ashok Kumar Shukla Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anil Kumar Shukla Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Counsel for the petitioner is permitted to make necessary corrections in the writ petition.
Heard Sri Anil Kumar Shukla for the petitioner and A.G.A. for State of U.P.
This writ petition has been filed for quashing the F.I.R. dated 5.12.2018 (registered as Case Crime No. 694 of 2018), u/s 379, 411 I.P.C., Section 3/57/7 of U.P. Minor Minerals (Concession) Rules, 1963 and Section 4/21 of Mines and Minerals (Regulation and Development) Act, 1957, P.S. Robertsganj, district Sonebhadra.
In substance, allegation made in the F.I.R. is that on 5.12.2018, at 10:30 a.m. when the police party made a raid, then Vehicle No. U.P. 64 AT 5141, loaded with 6 cubic meters of dolo stones, was recovered and the driver had failed to show the papers relating to the minor and minerals recovered from the vehicle.
Counsel for the petitioner submits that on the basis of some fake papers, the vehicle number of the petitioner has been mentioned in the F.I.R., although vehicle of the petitioner is in the possession of the petitioner and is being run in the State of M.P.
In the facts of the case, the writ petition is disposed of with direction that the petitioner shall not be arrested in pursuance of F.I.R. dated 5.12.2018 (registered as Case Crime No. 694 of 2018), u/s 379, 411 I.P.C., Section 3/57/7 of U.P. Minor Minerals (Concession) Rules, 1963 and Section 4/21 of Mines and Minerals (Regulation and Development) Act, 1957, P.S. Robertsganj, till the submission of police report under section 173(2) Cr.P.C. but he shall co-operate with the investigation of the case.
Order Date :- 21.1.2019 Jaideep/-