Court No. - 28 Case :- MISC. BENCH No. - 525 of 2010 Petitioner :- Shiv Kumar Misra S/O Late Babu Ram Respondent :- State Of U.P. Thru Prin. Secy. Home & Ors. Petitioner Counsel :- Rakesh Kumar Tripathi Respondent Counsel :- G.A. Hon'ble Alok Kumar Singh,J.
Hon’ble Yogendra Kumar Sangal,J.
Under challenge in the writ petition is FIR relating to Case Crime No. 5 of
2010 under Section 409 IPC, Police Station – Mishrikh, district Sitapur.
Heard learned counsel for the petitioner, learned AGA for the State of U.P.
and perused the material on record including the impugned First Information
Report.
The FIR discloses commission of cognizable offence, therefore it cannot be
quashed.
Learned counsel for the petitioner, however submits that as averred in
paragraph 8 of the writ petition, the petitioner was attached with Block office
of Block Mishrikh by oral order of B.D.O. who was newly posted. Thereafter,
he was asked to handover charge to the new Gram Panchayat Adhikari. He
was supposed to had over charge of 10 Gram Panchayats, out of which he
handed over charge of two gram panchayats on 08.01.2010 and of one Gram
Panchayat on 12.01.2010. Charge of 7 Gram Panchayats has to be handed
over. There is no malice or intention on his part. Even then the B.D.O. lost his
patients and lodged the FIR. It is reiterated that the petitioner is very much
inclined to hand over the charge of remaining Gram Panchayats at the earliest.
In view of the above, this petition is finally disposed of with observation that
petitioner shall not be arrested in the aforesaid case crime number unless and
until credible and cogent evidence is collected against him during the course
of investigation, subject to his full cooperation with the investigation.
It is also provided that he may hand over charge of the remaining Gram
Panchayats within a week’s time, as requested.
Order Date :- 27.1.2010
Kaushal