Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 30319 of 2018 Petitioner :- Sheelendra Singh And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Manvendra Nath Singh,Anjali Singh Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
Heard Ms. Anjali Singh, learned counsel for the petitioners, 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 22.07.2018 registered as case crime no.0036 of 2018 under sections 379, 411 I.P.C. and section 4/21 of Mines and Minerals (Development and Regulation) Act, 1957, police station Kotra, District Jalaun.
Learned counsel for the petitioners submits that the petitioners are owners of the tractors in question in which sand in question was being loaded. Rajesh Kumar and Sati Charan had purchased the sand in the auction on 16.7.2018. Copy of the auction proceedings is on record at page 36. It is submitted that the sand in question was purchased by the petitioners from Rajesh Kumar and Sati Charan which was being taken by the driver of the tractor. It is further submitted that the drivers have already been granted bail.
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 they shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
Order Date :- 26.10.2018 RPD