Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 26735 of 2018 Petitioner :- Rafik Khan Respondent :- State Of U.P. And 02 Others Counsel for Petitioner :- Balbeer Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Balbeer Singh, learned counsel for the petitioner, Sri N.K. Tiwari, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioner with a prayer to quash the F.I.R. dated 29.7.2018 registered as case crime no. 277 of 2018 under sections 379, I.P.C., 4, 21 Mines and Minerals (Development and Regulation) Act, 1957, 133, 177 Motor Vehicle Act, 1988, police station Saiyan, district Agra.
Learned counsel for the petitioners submits that the petitioner was having requisite documents regarding transportation of the minerals in question and having valid documents regarding the vehicle in question in spite the same, he has been falsely implicated in the present case only on account of the fact that there some dispute has taken place between the petitioner and the S.D.M. concerned, hence the present F.I.R. is liable to be quashed by this Court.
Learned A.G.A. opposed the prayer for quashing.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioners 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 :- 25.9.2018 Shiraz