Court No. - 49
Case :- CRIMINAL MISC. WRIT PETITION No. - 16740 of 2020 Petitioner :- Pradeep And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Arvind Kumar Counsel for Respondent :- G.A.
Hon'ble Dr. Kaushal Jayendra Thaker,J. Hon'ble Gautam Chowdhary,J.
Heard Sri Arvind Kumar, learned counsel for the petitioners and learned A.G.A. for the State.
By way of this writ petition, the petitioners have prayed the following prayers:
"(i) to quash the First Information Report dated 28.8.2020 as Case crime No.0276/2020, under Section 379 I.P.C. and sections 4,10 of the Uttar Pradesh Protction of Trees in Rural and Hill Areas Act, 1976, Police Station- Chaprauli, District Baghpat against the petitioners by respondent No.4.
(ii) to issue writ of mandamus commanding respondents not to arrest the petitioners in pursuance of FIR dated 28.8.2020 registered in Case crime No.0276/2020, under Section 379 I.P.C. and sections 4,10 of the Uttar Pradesh Protection of Trees in Rural and Hill Areas Act, 1976, Police Station- Chaprauli, District Baghpat.
(iii) issue a suitable order or direction which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case."
Normally, in view of the decision of the Apex Court we should not interfere with the matter but as we are not passing any order adverse to the respondent Nos. 4, we are inclined to direct the petitioners to move application for bail/anticipatory bail within a period of four weeks from today before the appropriate Court and the Court below shall decide the same as expeditiously as possible.
Petition is accordingly disposed of permitting the petitioners to file appropriate application before the appropriate court within four weeks from today.
Needless to state that in the eventuality of filing any such application, the same shall be decided strictly in accordance with law.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioners along with a self attested identity proof of the said person (s) (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 5.1.2021 RPD