Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 5438 of 2019 Petitioner :- Sohan Lal Shukla Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Yatish Kumar Dwivedi Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioner; learned A.G.A. for the respondents 1, 2 and 3; and perused the record.
The instant petition seeks quashing of the first information report dated 09.01.2019 registered as Case Crime No.5 of 2019, under Sections 379, 411 IPC, Section 4, 21 Mines and Mineral Act, Section 3, 57 of U.P. Mines Mineral (Confession) Rules and Section 3 and 5 Prevention of Damage to Public Property Act, P.S. Panwari, District Mahoba.
The allegation is that despite expiry of mining permit on 30.09.2018, mining continued illegally as could be gathered from tyre marks.
The contention of the learned counsel for the petitioner is that there is no cogent material to infer that mining activity was being conducted even after expiry of period of licence because the old stock has not been verified.
The aforesaid aspect is essentially a question of fact and would have to be determined on the basis of the material collected during the course of investigation. A first information report can be lodged on suspicion also and, therefore, the prayer of the petitioner to quash the first information report cannot be accepted.
However, looking to the facts and circumstances of the case, we deem it appropriate to dispose off this petition by providing that the investigation shall continue and be brought to its logical conclusion but, subject to petitioner's cooperation in the investigation, he shall not be arrested in the aforesaid case till submission of police report under Section 173(2) Cr.P.C.
Order Date :- 28.2.2019 AKShukla/-