Vedpal v. State of U.P.
Case brief
What is this about?
Held the appeal for quashal of prosecution under Mines and Minerals Act dismissed. However, allowed 30-day stay on coercive action and directed consideration of bail if applicant surrenders within that period.
What did the court decide?
Quashed summons order and proceedings but granted 30-day stay on coercive action conditioned upon surrender and bail application.
What the court decided
Court No. - 75
Case :- APPLICATION U/S 482 No. - 46872 of 2019
Applicant :- Vedpal Opposite Party :- State of U.P. Counsel for Applicant :- Harish Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This application under Section 482 CrPC has been filed by the applicant with the prayer to quash the summoning order dated 2.11.2019 as well as entire criminal proceedings of Complaint Case No. 3998 of 2019 (State Vs. Vedpal), under Section 4/21 of Mines and Minerals Act, 1957, P.S. Badaut, DistrictBaghpat, pending in the court of Chief Judicial Magistrate, Baghpat.
As per the allegations made in the complaint, it is alleged that the applicant was found illegally transporting sand without valid permit and as such the present complaint has been filed against him.
Learned counsel for the applicant has submitted that from the perusal of the allegations made in the complaint and the material collected during the course of enquiry, no offence is disclosed against the applicant and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He has pointed out certain documents and statements in support of his contention.
Issues for consideration
2 issues framed by the court
Whether the summons order and criminal proceedings under Section 4/21 of Mines and Minerals Act, 1957 for illegal transport of sand should be quashed.
Whether the applicant should be granted a stay on coercive action pending surrender and bail application.
Parties & counsel
- applicant
Vedpal
Coram
Rajiv Gupta
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · December
- Registered
- Case no.
- A482/46872/2019
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