Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 6077 of 2018 Petitioner :- Kallu Yadav @ Rajendra Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Birendra Kumar Pandey Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,J. Hon'ble Ashok Kumar,J.
Ref:- (Criminal Misc. Correction Application No. 2 of 2018).
This application is preferred to have necessary correction in the order dated 14th March, 2018.
In the order aforesaid, the offence under Section 3/7 of Prevention of Damage to Public Property Act has been mentioned in place of Section 3/5 of Prevention of Damage to Public Property Act.
The application, for the reasons given, is allowed.
The order dated 14th March, 2018 is redrawn as follows:-
"Heard learned counsel for the petitioner and learned AGA for the State.
This petition for writ is before us to quash the First Information Report dated 21.02.2018 bearing Case Crime No.195 of 2018 pending investigation at Police Station Naini, District Allahabad for the offence under Sections 379, 411 IPC and Sections 4, 21 of Mines and Minerals (Development and Regulation) Act, 1957 and Section 3/5 of Prevention of Damage to Public Property Act.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case on absolutely concocted facts. No case is made out against the petitioner for the offence referred in the FIR.
From perusal of the averment contained in the First Information Report, it reveals that prima facie there is sufficient material to have investigation for cognizable offence and as such we are not inclined to quash the First Information Report.
However, looking to the nature of allegations and also surrounding circumstances, we deem it appropriate to direct the Station House Officer, Police Station Naini, District Allahabad not to arrest the petitioner Kallu Yadav @ Rajendra Yadav, in the case referred above, till filing of the police report as per the provision of Section 173(2) of the Code of Criminal Procedure, 1973. The petitioner shall co-operate the investigating agency in relation to the investigation in process.
The writ petition stands disposed of accordingly."
A fresh corrected certified copy of this order be supplied to the learned counsel for the petitioner.
Order Date :- 27.3.2018 SK Srivastava .
(Ashok Kumar,J.) (Govind Mathur,J.)