Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 26642 of 2018 Petitioner :- Devendra Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Durga Prasad Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Durga Prasad, 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 with the prayer to quash the F.I.R. dated 11.08.2018 registered as Case Crime No. 0236 of 2018, under Sections 21(4) of The Mines and Minerals (Regulation and Development) Act, 1957 and under Sections 379, 411 I.P.C., Police Station Kotwali Nagar Hamirpur, District Hamirpur.
Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in the present case due to non fulfilment of the illegal demand of the police, on account of which the impugned F.I.R. has been registered with the collusion of respondent no.4, though the petitioner was having valid documents for the transportation of the minerals and the same was also produced but it was not taken into consideration. The allegations levelled against the petitioner are absolutely false, frivolous and baseless, hence present FIR lodged against the petitioner be quashed.
Learned A.G.A. opposed the prayer for quashing of the F.I.R.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, 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. but 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 :- 25.9.2018 Ashok Gupta