Court No. - 28 Case :- MISC. BENCH No. - 542 of 2010 Petitioner :- Sukai S/O Late Ram Garib Respondent :- State Of U.P. Thru Superintendent Of Police, Barabanki & Ors Petitioner Counsel :- Ram Kumar Maurya 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. 619 of
2009 under Sections 406 and 506 IPC, Police Station – Subeha, district
Barabanki.
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 allegations made in
the FIR are not of grave nature. Matter pertains to an amount of Rs. 6,000/-
meant for allotment of house under Indira Awas Yozna. The petitioner
happens to be village Pradhan.
In view of the above, this petition is finally disposed of with an observation
that petitioner shall not be arrested in the aforesaid case crime number unless
and until some credible and cogent evidence is collected against him during
the course of investigation, subject to his full cooperation with the
investigation.
Order Date :- 27.1.2010
Kaushal