Court No. - 3
Case :- CRIMINAL MISC. WRIT PETITION No. - 36969 of 2018 Petitioner :- Kallu Singh @ Prem Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Jitendra Prasad Mishra Counsel for Respondent :- G.A.
Hon'ble Pritinker Diwaker,J. Hon'ble Umesh Kumar,J.
Heard J.P. Mishra, learned counsel for the petitioner and Sri Amit Sinha, learned AGA for State.
This writ petition has been filed by the petitioner seeking quashment of the FIR dated 16.11.2018 in respect of Case Crime No. 0275 of 2018 under Sections 279, 379, 411, 431, 120-B of IPC and section 4 & 21 of Mines and Minerals (Development and Regulation) Act,1957 and section 3 & 4 of Public Property Damages(Prevention) Act, 1984, Police Station Kabrari, district, Mahoba.
Learned Counsel for the petitioner submits that he is not pressing this petition so far a it relates to quashment of the first information report. The petition therefore, in this respect is dismissed. It has been argued that petitioner is the owner of two trucks and based on the license granted to the petitioner, 'gitti' was being transported by the drivers Mahesh Yadav and Sharda Prasad Yadav. Learned counsel for petitioner submits that both the drivers, after their arrest, have already been granted bail by the court below.
On the other hand, learned State counsel opposes the submission.
Considering the nature of allegations, we finally dispose of this petition with a direction to the State authorities that no coercive action shall be taken against the petitioner in respect of above stated crime number till the submission of charge sheet under Section 173(2) of Cr. P.C before the Court concerned.
It is made clear that this order would remain effective till the petitioner cooperates in the investigation.
The petition is accordingly, disposed of.
Order Date :- 18.12.2018//Shahid