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Neutral Citation No. - 2025:AHC:22970-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 2986 of 2025 Petitioner :- Israil Khan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pushpendra Singh Counsel for Respondent :- G.A. Hon'ble Siddharth,J. Hon'ble Praveen Kumar Giri,J.
1. Heard learned counsel for the petitioner and learned A.G.A. for the State respondents.
2. The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 05.02.2025, registered as Case Crime No. 35 of 2025, under sections 303(2), 317(2) B.N.S. and Section 4/21 Mines and Minerals (Development Regulation) Act 1957, Section 2/3 Prevention of Damage to Public Property Act, 1984, Police Station Kabrai, District Mahoba, and for a direction to the respondents not to arrest the petitioner in pursuance of impugned First Information Report.
3. The allegation against the petitioner is that he was indulged in illegal mining of minor minerals without proper permission.
4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case by the respondent no. 4.
5. Learned A.G.A. has informed that the police is investigating the matter.
6. For the reasons given in the judgment of this Court dated 10.07.2024 passed in Criminal Misc. Writ petition No. 7463 of 2024 (Shobit Nehra And Another Vs. State of U.P. and 2 Others) the writ petition is disposed of with the direction that that till submission of police report under Section 173(2) Cr.P.C./193(3) B.N.S.S. 2023, the respondents are restrained from arresting the petitioner pursuant to the First Information Report, subject to cooperation in ongoing investigation. Order Date :- 18.2.2025 K.K. Maurya Digitally signed by :- KAMLESH KUMAR MAURYA High Court of Judicature at Allahabad