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Neutral Citation No. - 2025:AHC:23134-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 2992 of 2025 Petitioner :- Phool Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Arvind Singh Sengar Counsel for Respondent :- G.A. Hon'ble Siddharth,J. Hon'ble Praveen Kumar Giri,J.
1. Supplementary affidavit filed today is taken on record.
2. Learned counsel for the petitioner is permitted to make necessary corrections in the prayer clause of the writ petition.
3. Heard learned counsel for the petitioner and learned A.G.A. for the State respondents.
4. The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 24.01.2025 registered as Case Crime No. 0013 of 2024, under sections 303(2) and 317(2) BNS 2023, under section 4/21 of Mines and Minerals (Regulation and Development) Act, 1957, 3 of Prevention of Damages to Public Property Act, 1984 and 3(1)/58/72(1) of Uttar Pradesh Sub-Mineral (Remedy) Rules, 2021, Police Station Sardhuwa, District Chitrakoot, and for a direction to the respondents not to arrest the petitioner in pursuance of impugned First Information Report.
5. The allegations against the petitioner are that he indulged in illegal mining of minor minerals.
6. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case by the respondent no. 3.
7. Learned A.G.A. has informed that the police investigation is still under way.
8. 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