Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 23494 of 2018 Petitioner :- Veer Chandra Chauhan And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Dhirendra Kumar Srivastava Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri D.K.Srivastava, learned counsel for the petitioners,Sri Deepak Mishra, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the FIR dated 6.8.2018, registered as case crime No.76 of 2018, under Sections 307, 379, 411 I.P. C. read with Section 4/21 Mines and Minerals Act, 1957 and Section 3/57/7 U.P. Minor Minor Minerals (Concession) Rules, 1963, P.S. Shahabganj, District Chandauli.
Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in the present case with malafide intention. He further submits that the sand which was seized by the police, was purchased by the petitioners for construction of the house from Mahabir Traders Chakia, Chandauly on 1.8.2018, copy of receipt of the same is annexed as Annexure-2 to the writ petition. He next argued that it is a case of no injury. The petitioners have no criminal history. The allegations levelled against the petitioners are absolutely false, frivolous and baseless. No offence is made out against the petitioners, hence, FIR is liable to be quashed by this Court.
Learned A.G.A.opposed the prayer for quashing of the FIR.
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.
(Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.) Order Date :- 28.8.2018/NS