CHANDRA BHAN SINGH DHAPOLA Vs. STATE OF UTTARAKHAND
HIGH COURT OF UTTARAKHAND
CHANDRA BHAN SINGH DHAPOLA
STATE OF UTTARAKHAND
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(2.) BY means of this writ petition, moved under Article 226 of Constitution of India, the petitioner has sought quashing of First Information Report dated 28.04.2012, registered as F.I.R. No.21 of 2012, relating to offences punishable under Section 120B, 420, 379 and 411 of I.P.C., Police Station Kotwali, District Bageshwar.
A Revenue Inspector has lodged a First Information Report alleging that a truck was intercepted, which was 2 found transporting 195 bags of white clay (soapstone) under the expired permit. Learned counsel for the petitioner pleaded that petitioner is perspective licensee and has entered into an agreement with the Government. It is further pointed out that twenty passes have already been issued to him, out of which only nine are used. It is further pleaded that the Tehsildar and the Sub-Divisional Magistrate had wrongly interpreted the clause pertaining to extension of perspective license contained in the agreement, which clearly provides that where the renewal of the license has been sought the license shall stand extended till the disposal of such renewal application. It is argued that in any case, there was no dishonest intention on the part of the petitioner to attract any of the alleged offences, for which the First Information Report was lodged.
Admit the petition.
(3.) LEARNED counsel for the State prays for and is allowed four weeks' time to file the counter affidavit.
Having considered submissions of learned counsel for the petitioner, and the learned counsel for the State, and after going through the copy of the agreement executed between the petitioner and the State Government, and other papers on record, as an interim measure, it is directed that the petitioner Chandra Bhan Singh Dhapola shall not be arrested in connection with First Information Report dated 28.04.2012, registered as F.I.R. No.21 of 2012, relating to offences punishable under Section 120B, 420, 379 and 411 3 of I.P.C., Police Station Kotwali, District Bageshwar, during investigation, provided he cooperates with the investigating agency. (Stay application No. 4070 of 2012, stands disposed of).;
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