Betal vs State Of U.P. And 2 Others
2018 Latest Caselaw 3618 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 47
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 31641 of 2018
 

 
Petitioner :- Betal
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Rajesh Kumar Srivastava,Virendra Kumar Srivastava
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Ram Surat Ram (Maurya),J.

Hon'ble Bachchoo Lal,J.

Learned counsel for the petitioner is permitted to incorporate necessary correction in the memo of writ petition.

Heard Sri Rajesh Kumar Srivastava, learned counsel for the petitioner, learned A.G.A. for the State and perused the record.

The writ petition has been filed for quashing the FIR dated 25.9.2018 registered as Case Crime No. 341 of 2018, under section 147, 148, 149, 307, 332, 353, 336, 427 IPC and section 3/57/7 U.P. Upkhanij (Parihar) Niyamawali, 1963, P.S. Saiyan, District Agra.

A perusal of the FIR shows that 7 tractor trolly were found engaged in illegal excavating sand from Chambal river out of which 5 tractor trolly were arrested by the police personnel on the spot and two were able to fled away.

It is alleged that petitioner was driver of the tractor Sonalika DL 745 111 blue colour and the petitioner who was driver of the alleged tractor was fled away from the spot after unloading the sand from the trolly.

Learned counsel for the petitioner submits that petitioner was not arrested on the spot. His name has been disclosed by the police informer which is no evidence at all.

In the facts and circumstances of the case, the writ petition is disposed of with a direction that petitioner shall not be arrested in Case Crime No. 341 of 2018, under section 147, 148, 149, 307, 332, 353, 336, 427 IPC and section 3/57/7 U.P. Upkhanij (Parihar) Niyamawali, 1963, P.S. Saiyan, District Agra till the submission of police report under section 173 (2) Cr.P.C.

Order Date :- 13.11.2018

Masarrat