Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 37295 of 2018 Petitioner :- Pankaj Singh And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Dinesh Kumar Verma Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Shri Dinesh Kumar Verma, learned counsel for petitioners and and learned A.G.A. for State of Uttar Pradesh.
This writ petition has been filed for quashing the F.I.R. dated 21.07.2018 registered as Case Crime No. 129 of 2018, under Section 15(2) & 16 The Petroleum and Minerals Pipelines Act 1962 (Amendment Act 2011), under Section 3/4 Explosive Substance Act 1908, under Section 3/4 The Prevention of Damage to Public Property Act 1984 and under Sections 379, 427 and 511 I.P.C., Police Station- Thariyaon, District- Fatehpur.
In the F.I.R. in substance the allegation has been made that some unknown persons have cut the diesel pipeline of Chamber No. 572.950 Km. Barauni Kanpur Diesel Pipeline. It is alleged that on 06.09.2018 one Ravi @ Rabiya Singh was arrested and from his possession one plastic bag, 4 nuts, 4 bolt, 4 washer (14mm), Ball valve, Gas kit flaze, pipe (2inch length 2.5 inch), one screw driver, one rinch and from his T-shirt Rs. 1600/- in cash were recovered. On interrogation, he informed that he used to steal the oil (diesel) alongwith co- accused in which names of petitioners have also been disclosed.
Counsel for the petitioners submits that petitioners were not arrested on the spot. Only on the basis of statement of co-accused, police is apprehending the petitioners.
In view of the fact of present case writ petition is disposed of with the direction that petitioners shall not be arrested in Case Crime No. 129 of 2018, under Section 15(2) & 16 The Petroleum and Minerals Pipelines Act 1962 (Amendment Act 2011), under Section 3/4 Explosive Substance Act 1908, under Section 3/4 The Prevention of Damage to Public Property Act 1984 and under Sections 379, 427 and 511 I.P.C., Police Station- Thariyaon, District- Fatehpur till the submission of report by Investigating Officer under Section 173(2) Cr.P.C.
Order Date :- 19.12.2018 Sharad/-