Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 26761 of 2018 Petitioner :- Dharmveer Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Hemendra Pratap Singh,Anshu Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri H.P. Singh, learned counsel for the petitioner, Sri N.K. Tiwari, 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 2.6.2017 registered as case crime no. 167 of 2017 under sections 307 I.P.C. and 4/21 Mines and Minerals (Development and Regulation) Act, police station Gonda, District Aligarh.
Learned counsel for the petitioner submits that the petitioner was not named in the F.I.R. It is stated that the two tractors which were seized by the police and when the petitioner moved an application for release of the same, he has been implicated in the present case, hence the present F.I.R. is liable to be quashed.
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 petitioner 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.
The Investigating Officer of the present case is directed to conclude the investigation of the present case and submit the police report before the court concerned expeditiously preferably within a period of three weeks from the date of production of a certified copy of this order.
With the above direction this petition is finally disposed of.
The petitioner is directed to produced a certified copy of this order before the Investigating Officer of the present case within a week from today failing which the interim order granted above shall automatically stand discharged.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 25.9.2018 Shiraz