- (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. The allegations in the FIR lodged by Shri Sadanand Yadav, Wildlife Guard were that in the night intervening 3/4.10.2012 at about 12.00 night., when the informant was patrolling in the forest sanctuary, he received information that four trucks carrying sand were going in the direction of Markundi. After concealing himself, he gave this information to Shri S.N. Tripathi, Regional Forest Officer, Gurma. At about 12.50 a.m., he saw the light on four vehicles coming from the side of Bargara. The informant and one Wildlife Guard Bechan Yadav tried to stop the trucks, but they did not stop. Then the informant and Wildlife Guard gave a chase to the trucks. Three of the trucks escaped successfully, but the fourth truck bearing No. UP 65 R-2027 was apprehended near Bajrang Petrol Pump, Maimundi. He tried to catch the driver, but in the scuffle and taking advantage of the darkness, he succeeded in running away. However, petitioner Brijesh Yadav, who was travelling in the truck and claims himself to be the Khalasi was apprehended at the spot. Thereafter the Forest Officer arrived with some forest personnel and with the help of police picket, they arranged for a driver and drove the truck in the direction of Chopan. On the truck Shri Ram Badan Yadav, forest inspector and Shri Bechan Yadav, Wildlife Guard were sitting. When they reached near Parwal Bridge, accused Kamlesh Yadav alias Neta, Kripa Yadav, Dinesh Pandey and five other unknown persons arrived there. They started abusing the forest inspector and by criminal acts they were able to free Khalasi and to forcibly take away the truck and make good their escape.
(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.;