Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 30539 of 2018 Petitioner :- Ram Ji Dwivedi @ Ram Ji Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shri Chandra Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
Heard learned counsel for the petitioner, 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 12.07.2018 registered as case crime no.0164 of 2018 u/ss. 379, 411 IPC, sections 4, 21 of Mines and Minerals Act and section 3 of Prevention of Damage to Public Property Act, 1984, PS. Girwan, District Banda.
Learned counsel for the petitioner submits that petitioner has valid documents for transportation of the sand in question. He has annexed copy of the same from Annexure Nos. 8 onwards.
Learned A.G.A. opposed the prayer for quashing.
Considering the submissions advanced by learned counsel for the parties and the nature of allegations, it is directed that the petitioner shall not be arrested in the above mentioned case till submission of 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.
Order Date :- 27.10.2018 Shalini