Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 37843 of 2018 Petitioner :- Rajnath Sharma And 9 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Virendra Singh Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Virendra Singh for the petitioners and A.G.A. for State of U.P.
This writ petition has been filed for quashing the F.I.R. dated 10.11.2018 (registered as Case Crime No. 126 of 2018), u/s 147, 148, 332, 352, 353, 336, 395, 435, 452, 427, 186, 506 I.P.C. and Section 7 Criminal Law (Amendment) Act 1932, P.S. Anpara, district Sonebhadra.
In the F.I.R. allegation has been made that on Gate No. 2 of Hindalco Renu Sagar Power Division, a protest was being made by 100 - 150 persons. On 1.11.2018, the Administration had removed some of the protesters. Some of them fled away from the spot and some of them were arrested. However, thereafter, about 300 - 500 persons entered the premises of Hindalco Renu Sagar Power Division and committed various criminal acts and damaged the properties, as well as misbehaved with the employees inside the rooms.
Counsel for the petitioners submits that in the F.I.R., it has been admitted that some persons were arrested. All the petitioners were arrested on 9.11.2018 and the proceeding u/s 151/107/116 Cr.P.C. was taken against them. They were produced before the Executive Magistrate on 9.11.2018 and were asked to furnish a bail bond of Rs. 5 lakhs each by the order dated 9.11.2018. None of the petitioners could furnish bail bond on that date and were sent to jail and they were subsequently released from jail on 15.11.2018, 16.11.2018, 21.11.2018 and 22.11.2018. None of the petitioners were on the spot on 9.11.2018 and involvement of the petitioners is not proved.
Considering the submissions advanced by counsel for the parties and nature of the allegations, it is directed that the petitioners shall not be arrested in pursuance of F.I.R. dated 10.11.2018 (registered as Case Crime No. 126 of 2018), u/s 147, 148, 332, 352, 353, 336, 395, 435, 452, 427, 186, 506 I.P.C. and Section 7 Criminal Law (Amendment) Act 1932, P.S. Anpara, district Sonebhadra, till submission of police report under section 173(2) Cr.P.C. but they shall co-operate with the investigation of the case.
With the above direction, this petition is finally disposed of. Order Date :- 21.12.2018 Jaideep/-