Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 14379 of 2018 Petitioner :- Atul Mishra @ Sunil Kumar Mishra Respondent :- State Of U.P. And 2 Other Counsel for Petitioner :- Shailesh Pandey Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Shailesh Pandey, learned counsel for the petitioner, Sri N.K. Verma, 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 petitioner with a prayer to quash the F.I.R. dated 17.01.2018 registered as case crime no. 0007 of 2018 under sections 4/21 Mines and Minerals (Regulation and Development) Act, 1957 and under section 3 of Prevention of Damages to Public Property Act, 1983 , police station Madihan, District Mirzapur.
Learned counsel for the petitioner submits that the co-accused Manoj Dubey @ Manoj Kumar Dubey has challenged the impugned FIR by means of a Crl. Misc. Writ Petition No.8911 of 2018 before this Court and this Court has granted relief to him (copy of the same is on record at page 16), hence petitioner is also entitled for the same relief.
Learned A.G.A. opposed the prayer for quashing.
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 he 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 :- 30.5.2018 AU