Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 7426 of 2018 Petitioner :- Lallan Prasad @ Ram Lallan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Puneet Bhadauria Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,J. Hon'ble Ashok Kumar,J.
Heard Sri Puneet Bhadauria, learned counsel for the petitioner, learned AGA for the respondents-State and perused the record.
This petition for writ under Article 226 of the Constitution of India is preferred with a prayer to quash the first information report dated 10.12.2017 bearing Case Crime No. 608 of 2017 pending investigation at Police Station - Kaptanganj, District - Kushi Nagar pertaining to offence punishable under Rules 3, 57 and 70 of the U.P. Minor Mineral (Concession) Rules 1963, under Section 21(1) and (4) of the Mines and Minerals (Development and Regulation) Act, 1957, Section 2/3 of the Prevention of Damage to Public Property Act, 1984 and Section 379 IPC.
Learned counsel for the petitioner submits that no case is made out against the petitioner for the offences referred in the first information report.
Having considered the facts stated in the first information report, we do not find any just reason to quash the first information report as that discloses commission of an offence cognizable.
However, looking to the nature of the case and other surrounding circumstances, we deem it appropriate to direct the respondent no. 3- Station House Officer not to arrest the petitioner- Lallan Prasad @ Ram Lallan in relation to first information report referred to above till submission of the police report under Section 173 (2) of the Code of Criminal Procedure. Petitioner shall cooperate in the investigation.
The writ petition stands disposed of accordingly.
Order Date :- 27.3.2018 Rameez .
(Ashok Kumar,J.) (Govind Mathur,J.)