Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 30721 of 2018 Petitioner :- Awadh Bihari Chaubey And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Indra Kumar Chaturvedi Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Krishna Pratap Singh,J.
Heard learned counsel for the petitioners and learned AGA for the State.
This writ petition has been filed by the petitioners with the prayer to quash the F.I.R. dated 9.10.2018 registered as Case Crime No.137 of 2018, under Sections 4/21 Mines and Minerals (Regulation of Development) Act, 1957, under Section 4/5 Explosive Substances Act and under Section 413 IPC, P.S.- Jakhlaun, District- Lalitpur.
It is submitted by learned counsel for the petitioners that the petitioners are valid lease holders of mining in District Lalitpur and agreement for this purpose had been executed between the petitioners and A.D.M.(F/R), Lalitpur on 14.12.2011, which was valid for a period of 10 years,i.e. 13.12.2021. It is further submitted that apart from the bald allegations made in the impugned F.I.R., no credible evidence whatsoever is forthcoming even prima facie indicating at the complicity of the petitioners in the commission of the alleged crime and the impugned F.I.R., which is a bundle of lies and product of malice, is liable to be quashed.
From the perusal of the F.I.R., it appears that on the basis of the allegations made therein, prima facie cognizable offence is made out. There is no ground for interference with the F.I.R. Therefore, the prayer for quashing the impugned F.I.R. is refused.
However, considering the nature of the allegations made in the F.I.R., the provisions of Section 157 Cr.P.C. and the view taken by the Apex Court in the case of Joginder Kumar Versus State of U.P.; 1994 Cr.L.J 1981, it is directed that the petitioners shall not be arrested in the abovementioned case, till the credible evidence is not collected by the Investigating Officer during investigation.
With the above directions, this petition is disposed of finally.
Order Date :- 29.10.2018 Shalini