ABDUL KADIR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned Additional Government Advocate, representing respondents-State as well as Mr. Ajay Kumar Singh, learned counsel representing respondents-Union of India.

(2.) This petition under Section 482 CrPC has been filed by the petitioner, seeking quashing of charge-sheet no.20/2011 dated 21st February, 2011 under Section 30A / 30B of The Ancient Monuments and Archaeological Sites and Remains (Amendment and Validation) Act , 2010 (hereinafter referred to as 'Act, 2010'), Police Station Kaiserbagh, District Lucknow as well as the order of summoning dated 15th March, 2011 passed by the Chief Judicial Magistrate, Lucknow in Case No. 1580 of 2011.

(3.) An FIR at Case Crime No.476 of 2010 under Section 30A and 30B of the Act, 2010 was registered at Police Station Kaiserbagh, District Lucknow on 26.12.2010 on complaint of respondent no.4, working as foreman in the Archaeological Survey of India, Wazirganj, District Lucknow. In the complainant, it was alleged that the petitioner was raising construction within the prohibited distance from the protected Monument, Kaiserpasand at Kaiserbagh, Lucknow. It was further said that within 100 metres from the protected monument, no construction could be carried out, and within 200 metres no mining should take place.