Court No. - 25 Case :- MISC. BENCH No. - 327 of 2010 Petitioner :- Isahar S/O Kamaruzahan & Ors. Respondent :- State Of U.P. Thru Secy. Home & Ors. Petitioner Counsel :- K.K. Tewari Respondent Counsel :- G.A. Hon'ble Abdul Mateen,J.
Hon’ble Vedpal,J.
Heard learned counsel for the petitioners and learned Additional Government
Advocate.
The petitioners by means of this writ petition under Article 226 of
Constitution, have prayed for quashing FIR relating to case Crime No. 1441
of 2009 under Section 4/10 of the Conservation of Forest Act read with
Section 3/28 of the U.P. Tree Protection Act and Sections 419, 420 & 120-B
IPC of Police Station Nighasan, district Kheri.
The allegations in the FIR against the petitioners are that huge quantity of
Sheesam logs were recovered and the petitioners fled away from the spot
leaving behind one Suresh Misra and one labour Sriram, who were
apprehended on the spot.
We have gone through the contents of the FIR. In our opinion, since the
allegations made in the FIR disclose commission of cognizable offence as
such the same cannot be quashed.
The writ petition is misconceived and is accordingly dismissed.
Order Date :- 18.1.2010
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