Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 37593 of 2018 Petitioner :- Hardev Singh And 5 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sudhir Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard counsel for the petitioner and AGA for State.
The writ petition has been filed for quashing the FIR dated 31.10.2018 registered as Case Crime No. 100 of 2018, under Section 147, 148, 393, 511, 379, 411, 323, 332, 353 IPC and Section 26, 41, 42, of Indian Forest Act, 1927, P.S. Hazara, Distt. Pilibhit.
In substance of FIR the allegation has been made that on 30.10.2018 at about 09:00 PM. When the informant along with his colleague Shamsher was on picketing duty in the forest area. Then at that time they found that accused Chhinder Singh, Ramesh Singh, Manjit Singh, Binder Singh, Hardev Singh and Tara Singh alias Kultar Singh were carrying sheesham wood on two motorcycles. When the informant went to apprehend them then they became violent and inflicted axe blow from the back side and also tried to snatch the rifle of the informant and his colleague. The informant and his colleague were assaulted by the accused through lathi danda as well as through back side of axe. Thereafter anyhow the informant and his colleague fled away from the spot and they had recovered the sheesham wood.
The counsel for the petitioner submits that FIR has been lodged on false allegation inasmuch as the accused were small farmers and their land were situated by the side of reserved forest area. In respect of cultivation, the petitioners were going to their field. Then at that time they were apprehended and their money was also snatched by the informant and his colleague. In this respect a complaint has been filed by Hardev, petitioner-1, in which proceeding is going on. He further submits that it was not possible to carry sheesham wood on two motorcycle by six persons. Further it also appears to be impossible that the informant fled away from the spot but they took sheesham tree along with them.
The FIR discloses the cognizable offence as such it is not liable to be quashed at this stage.
However, considering the submissions advanced by the counsel for the parties and nature of the allegations it is directed that the petitioner shall not be arrested in pursuance of the FIR dated 31.10.2018 registered as Case Crime No. 100 of 2018, under Section 147, 148, 393, 511, 379, 411, 323, 332, 353 IPC and Section 26, 41, 42, of Indian Forest Act, 1927, P.S. Hazara, Distt. Pilibhit, till submission of police report under Section 173 (2) Cr P C. The writ petition is disposed of.
Order Date :- 21.12.2018 Rahul /-