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2017 Supreme(UK) 506

U.C.DHYANI
DEEDAR SINGH – Appellant
Versus
STATE OF UTTARAKHAND – Respondent


Advocates:
For the Petitioners:Mr. Manav Sharma, Advocate
For the Respondents: Mr. M.A. Khan, Learned Dy. Adv. General, assisted by Mr. Prem Kaushal and Mr. Milind Raj, Brief Holders

JUDGMENT

U.C. Dhyani, J. (Oral)

By means of present writ petition, the petitioners pray for the following relief, among others:

“(a) Issue a writ, order or direction in the nature of certiorari to call for the record and quash the impugned FIR No. 105 of 2016 dated 02.04.2016, under Sections 379, 411of IPC, Section 26 Forest Act, 4/57 of the Mingling Act, Section 23 C of Uttarakhand Minor Minerals (prevention of Illegal Mining, Transportation & Storage) Rules registered at Police Station Bazpur, District Udham Singh Nagar at the case crime no. 16 of 2016.

(b) Issue a writ, order or direction in the nature of mandamus directing the respondents not to arrest the petitioners in FIR No. 105 of 2016 dated 02.04.2016, under Sections 379, 411of IPC, Section 26 Forest Act, 4/57 of the Mingling Act, Section 23 C of Uttarakhand Minor Minerals (prevention of Illegal Mining, Transportation & Storage) Rules registered at Police Station Bazpur, District Udham Singh Nagar at the case crime no. 16 of 2016. ”

2. Heard learned counsel for the petitioners, learned counsel for the State, perused the documents brought on record and considered the grounds taken up in the writ petition.

3. The all








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