Court No. - 41
Case :- CRIMINAL MISC. WRIT PETITION No. - 7460 of 2018 Petitioner :- Vinod Kumar Respondent :- State Of U.P. And 02 Others Counsel for Petitioner :- Indra Pal Singh Rajpoot Counsel for Respondent :- G.A.
Hon'ble Rajesh Dayal Khare,J. Hon'ble Rajiv Gupta,J.
Heard learned counsel for the petitioner and learned A. G. A. for the State.
This writ petition has been filed by the petitioner with a prayer to quash the F. I. R. dated 12.3.2018 which has been registered as Case Crime No. 56 of 2018, under Sections- 4, 21 of Mines and Mineral (Development and Regulation) Act and Sections 379, 420, 411, 467, 468, 471 IPC, police station Charkhari, district Mahoba so far it relates to the petitioner.
It has been submitted by learned counsel for the petitioner that the petitioner is owner of the vehicle which is said to be transporting the crush stones for which the petitioner is being falsely implicated. It is contended that neither the crush stone belong to the petitioner nor there is any allegation that the same was transported without any valid documentation, therefore, present proceedings against the petitioner is bad in law. He further submitted that apart from the bald allegations made in the F. I. R., which is a bundle of lies and product of malice, no credible evidence is forthcoming, even prima facie, indicating that any such incident had taken place, hence the impugned F. I. R. is liable to be quashed.
Per contra, learned A. G. A. submitted that from the perusal of the impugned F. I. R. it cannot be said that no cognizable offence is made out, hence the impugned F. I. R. is not liable to be quashed.
From the perusal of the F.I.R. it appears that on the basis of the allegations made therein prima facie cognizable offence is made out hence, there is no scope for interfering with the impugned F. I. R.
Therefore, the prayer for quashing the impugned F. I. R. is refused.
However, considering the submissions advanced by learned counsel for the petitioner and nature of allegations made in the F. I. R., it is directed that the petitioner shall not be arrested in the aforementioned case till submission of police report under Section 173 (2) or till credible evidence is collected, whichever is earlier.
With the aforesaid directions, this writ petition is disposed of finally.
Order Date :- 28.3.2018 faraz