Allahabad High Court
Rajesh @ Rakesh Soni vs State Of U.P. And 3 Others on 8 April, 2020
Bench: Ramesh Sinha, Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?In Chamber Case :- CRIMINAL MISC. WRIT PETITION No. - 4769 of 2020 Petitioner :- Rajesh @ Rakesh Soni Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Nand Kishor Mishra,Shilpa Ahuja Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J.
Hon'ble Samit Gopal,J.
The Bench has been constituted in pursuance of the order dated 04.04.2020 passed by Hon'ble The Chief Justice which is available on the official website of this Court.
By means of this petition, the petitioner has prayed for quashing of the impugned FIR dated 20.02.2020 alongwith stay of arrest in Case Crime No. 0023 of 2020 under Sections 379, 411, 332 I.P.C. and Section 4/21 of Mines and Mineral Act, 1957 and Section 3/5 of the Prevention of Damages to Public Property Act, 1984, Police Station Mahobkant, District Mahoba.
Perused the impugned FIR and the pleadings as has been averred in the present writ petition which is supported by an affidavit.
The office has not placed before the Court any E-Mail received from the learned A.G.A for the State, informant/complainant/aggrieved person regarding any objection with respect to the prayer of stay of arrest of the petitioner(s).
Taking into account that the petitioner is the owner of the tractor / trolley in question as has been averred in para no. 7 of the writ petition. Further, it appears that the petitioner could not carry out the sand loaded on the tractor and fled away from the place of occurrence and there is no recovery of the alleged material from the tractor / trolley of the petitioner and the sand which was loaded had already been unloaded.
After having examined the pleadings made in the writ petition, perusing the impugned First Information Report, we are of the considered opinion that the petitioner (s) shall not be arrested in Case Crime No. 0023 of 2020 under Sections 379, 411, 332 I.P.C. and Section 4/21 of Mines and Mineral Act, 1957 and Section 3/5 of the Prevention of Damages to Public Property Act, 1984, Police Station Mahobkant, District Mahoba till submission of the police report under Section 173(2) Cr.P.C., if any, before the competent court.
It is made clear that it will be open for the State, informant/ complainant/ aggrieved person to move an appropriate application for recall/modification of this order, as the case may be, if there has been any material concealment of fact in the present writ petition as the Court has taken up the present matter and proceeded with it treating to be extremely urgent during the period of lockdown in the State of U.P. as well as in the Country on the call given by the Hon'ble Prime Minister of India due to Novel Corona Virus (COVID-19), within a period of two months from today.
With the aforesaid direction, this petition is finally disposed of.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self-attested by the petitioner (s).
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 8.4.2020 AS Rathore (Samit Gopal, J.) (Ramesh Sinha, J.)