Court No. - 41
Case :- CRIMINAL MISC. WRIT PETITION No. - 7238 of 2018 Petitioner :- Pyarelal And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Devesh Vikram Counsel for Respondent :- G.A.
Hon'ble Rajesh Dayal Khare,J. Hon'ble Rajiv Gupta,J.
Heard learned counsel for the petitioners, learned AGA and perused the record.
This writ petition has been by the petitioners with the prayer to quash the impugned FIR dated 21.2.2018, which has been registered as Case Crime No. 86 of 2018, under Sections 419, 420, 467, 468, 471 IPC and Section 3/57/70 of Uttar Pradesh Minor Minerals (Concession) Rules, 1963 and Section 4/21 of the Mines and Minerals (Development and Regulation) Act, 1957, P.S. Robertsganj, District- Sonbhadra.
It is contended by learned counsel for the petitioners that the petitioners are the drivers of the vehicles, which are used in transportation of minerals. The only allegations against the petitioners is that they are transporting the same with the scan copy of the permit, which has been issued by the lease holder. He further submitted that apart from the bald allegations made in the F. I. R., which is a bundle of lies and product of malice, no credible evidence is forthcoming, even prima facie, indicating that any such incident had taken place, hence the impugned F. I. R. is liable to be quashed.
Learned AGA opposed the aforesaid prayer.
Considered the submissions of learned counsel for the parties. From perusal of the F.I.R., in view of the allegations made therein prima facie commission of offence is made out. Hence, there is no ground for interfering in the investigation or for quashing of the FIR.
However, considering the allegations made in the F.I.R., it is provided that the petitioners shall not be arrested in above mentioned case, till submission of police report under section 173 (2) Cr.P.C. The petitioners shall cooperate with the investigation of the case.
With the above direction, this petition is finally disposed off.
Order Date :- 23.3.2018 KU