Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 25709 of 2018 Petitioner :- Pratipal Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Indra Pal Singh Rajpoot Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Indra Pal Singh Rajpoot, learned counsel for the petitioner, Sri N.K.Verma, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
This petition has been filed by the petitioner with a prayer to quash the FIR dated 6.9.2018, registered as case crime No.369 of 2018, under Sections 379, 411 I.P.C. and Section 21 (4) of Mines and Mineral (Development and Regulation) Act, 1957, P.S. Rath, District Hamirpur.
Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case with malafide intention. He further submitted that the petitioner is a small tenure holder. He applied for loan and on 14.11.2017 he purchased a Mahindra tractor bearing registration No.UP91-M-0482 for betterment of his agriculture and livelihood, a copy of registration certificate of the tractor is annexed as Annexure-2 to the writ petition. The petitioner in addition to his agriculture work is also doing the other carrier works of the public goods to repay the loan amount. He next argued that the respondent no.3 demanded money for every week in lieu of carrying the public goods by road from the tractor trolley in question, but the petitioner refused the said demand of respondent no.3, on account of which he has been falsely implicated in the present case, though the petitioner was having Form MM-11 which was issued by the lessee/permit holder Raghvendra Singh, copy of which has been annexed as Annexure-3 to the writ petition. The allegation levelled against the petitioner is absolutely false, frivolous and baseless. No offence is made out against the petitioner, hence, FIR is liable to be quashed.
Learned A.G.A.opposed the prayer for quashing of the FIR. 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.
(Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.) Order Date :- 17.9.2018/NS