Court No. - 28 Case :- U/S 482/378/407 No. - 498 of 2010 Petitioner :- Janki Prasad Saroj Respondent :- State Of U.P. And Another Petitioner Counsel :- Ashok Bajpai Respondent Counsel :- Govt Advocate Hon'ble Alok K. Singh,J.
Heard the learned counsel for the petitioner and learned A.G.A. who has put
in appearance on behalf of State of U.P., opposite party no.1.
Issue notice to opposite party no.2 returnable at an early date.
Steps may be taken within seven days by registered post failing which the
interim order which is being passed hereinbelow shall come to an end
automatically.
List immediately after service.
It is submitted that though the offences are in trivial in nature. Though in the
F.I.R. a fragile allegation has been made but in the statement under Section
161 Cr.P.C. of the first informant nothing has been said on the basis of which
it may be said that the offence is prima facie made out. The accusation is in
respect of giving a hand written information under Right to Information Act
by Head Master of the school regarding supply of proceedings of 28.03.2006.
It is also pointed out that though an application was moved on 12.09.2006 but
in the F.I.R. the date is mentioned as 29.03.2006. It is against the record. This
fact would be evident from the perusal of the F.I.R. vis-a-vis his application
(Annexures-3 to 6).
It appears to be an arguable case.
In view of the above as an interim measure it is provided that till the pendency
of this petition the proceedings arising out of Case Crime No. 430 of 2007,
under Sections 166, 167 I.P.C., Police Station Lambhua, District Sultanpur so
far it relates to the applicant/petitioner shall remain stayed.
Order Date :- 4.2.2010
PAL/