Court No. - 20 Case :- MISC. BENCH No. - 7169 of 2010 Petitioner :- Anurag Singh Respondent :- State Of U.P.,Thru. Superintendent Of Police,Bahraich & Ors. Petitioner Counsel :- J.N. Singh Respondent Counsel :- G.A. Hon'ble Raj Mani Chauhan,J.
Hon’ble Virendra Kumar Dixit,J.
Heard learned counsel for the petitioner, learned A.G.A. and perused the
F.I.R.
The submission of the learned counsel for the petitioner is that on the written
report of the complainant the police has registered a case against the
petitioners and others under Sections 147, 323, 504, 506, 384 I.P.C. As
regards the offence under Section 384 I.P.C. there is no evidence against the
accused-petitioner and the rest of the offence is cognizable offence. Further
submission of the learned counsel for the petitioner is that the petitioner has
falsely been implicated by the complainant. Moreover co-accused Rajan
Singh has already challenged the impugned F.I.R. in Writ Petition No.5008
(M/B) of 2010 in which this Court has granted him interim protection,
therefore the same protection be provided to the petitioner.
Learned A.G.A. has opposed the petition.
Considered the submission of the learned counsel for the petitioner and the
learned A.G.A., keeping in view the facts and circumstances of the case as
also the fact that the co-accused Rajan Singh has already been granted interim
protection vide this Court’s order dated 26.05.2010 whose role is similar to the
co-accused, as well as the allegation of the complainant in the F.I.R. which
discloses commission of cognizable offence, the writ petition is finally
disposed of with the observation that till any credible and cogent evidence is
collected by the Investigating Officer against the petitioner, he (Anurag
Singh) will not be arrested by the Investigating Officer in Case Crime No.163
of 2010, under Sections 147, 323, 504, 506, 384 I.P.C., Police Station
Huzoorpur, District Bahraich subject to his cooperation in the investigation
which will go on.
Order Date :- 30.7.2010
PAL