Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 2690 of 2019 Petitioner :- Janki Sharma And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Deshraj Garg Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Deshraj Garg for the petitioners and AGA for State.
The writ petition has been filed for quashing the FIR dated 28.12.2018 registered as Case Crime No. 226 of 2018, under Section 467, 468, 469, 419, 420, 379, 411 IPC and Section 4/21 of Mines and Minerals (Regulation and Development) Act, P.S. Naraini, Distt. Banda.
In substance in the FIR the allegation has been made that on 28.12.2018 at 03:00 AM a raid was made at the tube well of Hari Chaturvedi then Chunnu Dwivedi, Chhotu Shukla and Saurabh Gupta were found issuing fabricated Form MM-11 to various persons including Dilip Kumar, petitioner -2, who was truck driver of the truck registered as No. UP 96 T 1239. The aforesaid truck belongs to Janki Sharma, petitioner-1.
The counsel for the petitioner submits that petitioners are not involved either in fabricating or issuing forged Form MM-11. The petitioners are bonafide purchaser of sand. The petitioner has not purchased the sand from that place. Form MM-11 was issued to the petitioner from Naraini, Distt. Banda and it is a genuine document.
We have considered the arguments of the counsel for the parties.
A perusal of the FIR indicates that it 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 FIR dated 28.12.2018 registered as Case Crime No. 226 of 2018, under Section 467, 468, 469, 419, 420, 379, 411 IPC and Section 4/21 of Mines and Minerals (Regulation and Development) Act, P.S. Naraini, Distt. Banda, till submission of police report under Section 173 (2) Cr P C, provided that the petitioner shall cooperate with the Police during investigation.
So far as vehicle in dispute i.e. truck registered as No. UP 96 T 1239 is concerned, the truck as well as sand loaded on it, shall be released by the competent authority after taking adequate security within a period of one week from the date of producing a certified copy of this order.
The writ petition is disposed of. Order Date :- 31.1.2019 Rahul Dwivedi/-