Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 15966 of 2019 Petitioner :- Nazim @ Mohd. Nazim Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Syed Wajid Ali Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri S.W. Ali, learned counsel for the petitioner, Sri Deepak Mishra, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioner with a prayer to quash the F.I.R. dated 20.5.2019 registered as case crime no. 439 of 2019 under sections 3/4 Prevention of Damages to Public Property Act, 1984, 4/21 Mines and Minerals (Regulation of Development) Act, 1957 and 427 I.P.C., police station Gangoh, District Saharanpur.
Learned counsel for the petitioner submits that the offence under section 4/21 of Mines and Minerals (Regulation of Development) Act, 1957 is bailable one as the maximum punishment for the same is two years and fine of Rs. 25,000/- but the offence under section 3/4 Prevention of Damages to Public Property Act, 1984 is a cognizable offence and is non bailable. He submits that the petitioner was found to be illegally mining the sand with the co-accused persons, who were having license of mining the same. The petitioner has been falsely implicated in the present case by respondent no. 4 levelling false and frivolous allegations just to harass him, hence the same is liable to be quashed by this Court.
Learned A.G.A. opposed the prayer for quashing.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioner shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but he shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
The case of the petitioner is distinguishable from co-accused persons.
(Vivek Varma, J.) (Ramesh Sinha, J.) Order Date :- 10.6.2019 Shiraz