Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 5014 of 2018 Petitioner :- Sukhraj Bind And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Dhirendra Kumar Srivastava,Mahesh Kumar Shukla Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Dhirendra Kumar Srivastava, learned counsel for the petitioners, Sri Vikas Sahai, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This writ petition has been filed by the petitioners with the prayer to quash the F. I. R. dated 06.02.2018 which has been registered as Case Crime No. 44 of 2018 under Section 379 I.P.C. read with Section 4/21 Mines and Minerals Act 1957 and Section 3 of Prevention of Damage of Public Property Act, 1984, P.S. Kotwali Dehat, District Mirzapur.
From the perusal of the interim order dated 28.02.2018 passed by this Court it appears that this Court had stayed the arrest of the petitioners, we dispose of this writ petition with the direction that the petitioners shall not be arrested till submission of police report under Section 173 (2) Cr. P. C.
The petitioners shall file a certified copy of this order within two weeks from today before the SSP concerned, who shall look into the matter and ensure that the investigation in the above mentioned case is completed expeditiously preferably within six weeks from the date of production of certified copy of this order.
With the aforesaid direction, this petition is finally disposed of.
Learned AGA shall communicate this order to the concerned authorities concerned.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 31.5.2018/A. Mandhani