Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 34311 of 2018 Petitioner :- Dildar Khan And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Saket Jaiswal Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the petitioners and the learned A.G.A.
This petition has been filed by the petitioners with a prayer to quash the F.I.R. in Case Crime No. 347 of 2018, under Sections 379, 411, 120B I.P.C. and Section 21(4) Mines and Minerals (Development and Regulation) Act, 1957 and Section 3/5 Prevention of Damage to Public Property Act, 1984, P.S. Maudaha, District Hamirpur.
Learned counsel for the petitioners submitted that the petitioners are neither named in the F.I.R. nor any recovery has been made from them.
From the perusal of the impugned F.I.R, it appears that on the basis of the allegations made therein a prima facie cognizable offence is made out. There is no ground for interference in 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 Vs. State of U.P. 1994 Cr.L.J 1981, it is directed that the petitioner shall not be arrested in above mentioned case, till the credible evidence is not collected by the Investigating Officer during Investigation.
With the aforesaid direction, this petition is finally disposed of.
Order Date :- 28.11.2018 SA