Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 5264 of 2018 Petitioner :- Phool Chandra And 2 Ors Respondent :- State Of U.P. And 2 Ors Counsel for Petitioner :- Umesh Tripathi,Suneel Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Vikram Nath,J. Hon'ble Ashok Kumar,J.
Heard learned counsel for the petitioners and learned AGA for the State.
This petition for writ is before us with a prayer to quash the first information report dated 04.02.2018 bearing Case Crime No. 023 of 2018 pending investigation at Police Station Ahraura, District Mirzapur pertaining to the offences under Section 4/21 of Mines and Minerals Act and Section 3 of Public Property Damages Act.
Learned counsel for the petitioners submits that no case is made out against the petitioners with regard to allegations contained in the first information report.
A perusal of the first information report discloses commission of an offence cognizable that certainly demands investigation.
In view of it, we do not find any just reason to quash the first information report impugned. However, having considered all facts of the case and the surrounding circumstances, we deem it appropriate to direct the respondent Station House Officer, Police Station Ahraura, District Mirzapur not to arrest the petitioners namely Phool Chandra, Deena Nath and Ram Janam in relation to the first information report referred above till filing of police report as per Sub-section (2) of Section 173 of Cr.P.C. The petitioners shall cooperate with the investigating agency during course of investigation.
The writ petition stands disposed of accordingly.
Order Date :- 28.2.2018 SK Srivastava .
(Ashok Kumar,J.) (Vikram Nath,J.)