Court No. - 54
Case :- CRIMINAL MISC. WRIT PETITION No. - 2317 of 2019 Petitioner :- Mohammad Amin Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Bhaju Ram Pprasad Sharma,Arvind Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Pritinker Diwaker,J. Hon'ble Raj Beer Singh,J.
This writ petition has been filed by the petitioner seeking quashment of FIR dated 06.01.2019 in respect of Crime No. 0009 of 2019 for the offence under Section 379 of I.P.C., 4/10 Indian Forest Act, 1927 and 3/5 Prevention of Damages to Public Property Act, 1984, P.S. Farenda, District Maharajganj.
As per pleadings, it appears that certain trees standing in the graveyard were sold out by the petitioner without taking permission from the Forest Department. Petitioner case is that on account of enmity prevailing in the village, petitioner has been falsely implicated in the present case.
Considering the facts and circumstances of the case, though we are not inclined to quash the proceedings, however, further considering the nature of allegations, in particular, the age of the petitioner which is 66 years and other facts, 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.
Order Date :- 28.1.2019 AKK/AV