Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 33833 of 2018 Petitioner :- Kanwarpal And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sumit Goyal 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. 410 of 2018, under Sections 379, 353, 307, 336 I.P.C. and Section 4/21 Mines and Mineral (Regulation of Development) Act and Section 3(2) Prevention of Damage to Public Property Act, P.S. Behat, District Saharanpur.
Learned counsel for the petitioners submitted that no one has received any injury in the occurrence.
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 petitioners 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 :- 27.11.2018 SA