Allahabad High Court
Moin Abbas vs State Of U.P. And 3 Others on 9 September, 2020
Author: Manoj Misra
Bench: Manoj Misra
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 48 Case :- CRIMINAL MISC. WRIT PETITION No. - 9001 of 2020 Petitioner :- Moin Abbas Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kamal Kumar Kesherwani Counsel for Respondent :- G.A. Hon'ble Manoj Misra,J.
Hon'ble Anil Kumar-IX,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 31.07.2019 registered as Case Crime No.247 of 2019, under Section 21, 4 of the Mines and Minerals (Development and Regulation) Act, 1957 (wrongly transcribed as Mining Act), Section 3 of the Prevention of Damage to Public Property Act and Section 431 IPC, P.S. Naugavan Sadat, District Amroha.
The contention of the learned counsel for the petitioner is that in so far as the offence punishable under the Mining Act is concerned, there is a procedure for lodging of a complaint and, therefore, the impugned first information report to that extent is not justified. As regards other allegations, there is no cogent material because the impugned first information report has been lodged on hearsay evidence provided by the Gram Pradhan. It has been submitted that the petitioner is innocent and he has been falsely implicated.
As to what offence has been committed, can be examined on the basis of material collected during the course of investigation. But since the allegations are also in respect of cognizable offences punishable under the Indian Penal Code as well as Prevention of Damage to Public Property Act, the prayer of the petitioner to quash the first information report cannot be accepted though it is expected that while conducting the investigation, the investigating agency would keep in mind the special procedure prescribed for launching prosecution under the Act, 1957.
However, considering the facts of the case, we deem it appropriate to dispose off this petition by providing that investigation of the case shall continue and brought to its logical conclusion but the petitioner shall not be arrested in the aforesaid case till submission of police report under Section 173(2) Cr.P.C., provided he co-operates in the investigation.
Order Date :- 9.9.2020/AKShukla/-