LAWS(ALL)-2012-10-116

KAMLESH YADAV Vs. STATE OF U P

Decided On October 12, 2012
KAMLESH YADAV Appellant
V/S
STATE OF U P Respondents

JUDGEMENT

(1.) HEARD learned counsel for the petitioners and learned A.G.A. appearing for the State.

(2.) THIS writ petition has been filed for quashing of an FIR and staying the arrest of the petitioners in case crime No. 668 of 2012, under sections 332, 353, 379 IPC, 5/26, 41/42 of Indian Forest Act, and 27, 29, 50 and 51 of Indian Wildlife Protection Act, PS Chopan, district Sonbhadra.

(3.) IT is submitted by the learned counsel for the petitioners that the FIR has been lodged in a mala fide manner after three days, the incident was untrue because it was not possible for the petitioners to have taken away the truck and to have got the Khalasi released. It was not explained how the informant knew the names of all the accused persons. The petitioners are not the owner of the truck and they have no concern with transporting of this sand and no offence under the Forest Act and Wildlife Act are disclosed.