Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 19958 of 2018 Petitioner :- Badri Vishal Tripathi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Amrendra Pratap Singh,Subhendra Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri A.P. Singh, learned counsel for the petitioner, Sri Deepak Mishra, 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 with the prayer to quash the F.I.R. dated 2.6.2018, registered as Case Crime No.114 of 2018, u/s 379/411 IPC and 4/21 Mines and Mineral Act and u/s 3 Prevention of Damages to Public Property Act, P.S. Naraini, district Banda.
Learned counsel for the petitioner submits that petitioner was having M.M.-11 which was valid since 1.6.2018 till 3.6.2018, copy of the same is annexed on page 35 of the present petition. The allegation against the petitioner is of overloading for which penalty can be imposed on the petitioner. The petitioner undertakes to deposit the said overloading penalty before the competent authority.
Learned A.G.A. opposed the prayer for quashing of the FIR.
Considering the facts and circumstances of the case and submissions advanced by learned counsel for the parties, the assessing authority is directed to calculate the overloading charge which was found on the disputed vehicle. It is directed that the petitioner shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. subject to the condition that if there is any injury report of the injured person, this order shall not be given effect to and the interim order in favour of the petitioners shall automatically stand discharged.
With the above direction this petition is finally disposed of.
It is made clear that the present order shall be produced by the petitioner before the competent authority and the S.P. Banda within two weeks' from today who shall ensure that the petitioner has deposited the overloading penalty as aforesaid, failing which the present petition shall stand automatically dismissed without any further reference to any Bench of this Court.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 26.7.2018 Gaurav