HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 23307 of 2015 Petitioner :- Islam Baba And Another Respondent :- State Of U.P. Thru Secy. And 2 Others Counsel for Petitioner :- Neeraj Kumar Srivastava Counsel for Respondent :- Govt.Advocate Hon'ble Arun Tandon,J.
Hon'ble Ashwani Kumar Mishra,J.
Heard learned counsel for the petitioners and the learned A.G.A.
Petitioners seek quashing of the F.I.R. dated 1.9.2015 being Case Crime No. 1786 of 2015, under Sections 4/21 of the Mines and Minerals (Regulation & Development) Act, 1957, Section 379 I.P.C. and Section 3 of the Prevention of Damage to Public Property Act, 1984, Police Station Ahraura, District Mirzapur.
No case for quashing of the First Information Report is made out. However, it is clarified that if the real culprit for the offence committed is someone else, as alleged by the petitioner, then petitioners' statement shall be recorded during investigation so as to proceed against them as well, in accordance with law.
Writ petition is dismissed.
Order Date :- 23.9.2015 Ashish Pd.