Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 37104 of 2018 Petitioner :- Rahul Kumar Saini Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Dinesh Kumar Shukla,Narendra Mohan Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Prem Sagar Verma, holding brief of Sri Dinesh Kumar Shukla, counsel for the petitioner and A.G.A appearing for the State of U.P.
Writ petition has been filed for quashing the F.I.R. dated 26.10.2018 registered as case crime no. 699 of 2018 under Sections 379,411 I.P.C.,Section 4/21 of Mines and Minerals( Development Regulation) Act, 1957 and Section 3/2 of Protection from Destroying of Government Properties Act, 1984, Police Station -Sadar Bazar, District Saharanpur.
In the F.I.R., allegation has been made that on 25.10.2018 at 19:00 hours, vehicles were being checked and a dumper was apprehended in which illegal mines and minerals were found. Three persons, Jishan,Zuber and Mukesh were arrested from the spot and they were named in the F.I.R.Thus, F.I.R., discloses cognizable offence and as such, it is not liable to be quashed.
Counsel for the petitioner submits that accused persons were arrested on the spot but the petitioner was not arrested on the spot and he was not named in the F.I.R. but the police is illegally harassing the petitioner.
In view of the facts of present case, writ petition is disposed of finally with the direction that the petitioner shall not be arrested in case crime no. 699 of 2018 under Sections 379,411 I.P.C.,Section 4/21 of Mines and Minerals( Development Regulation) Act, 1957 and Section 3/2 of Protection from Destroying of Government Properties Act, 1984, Police Station -Sadar Bazar, District Saharanpur till submission of police report under Section 173(2) Cr.P.C.
Order Date :- 18.12.2018 aks