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Allahabad High Court
Abdul Ali S/O Rasool & Anr. vs State Of U.P. Thru Prin. Secy. Home … on 29 January, 2010
Court No. - 28

Case :- MISC. BENCH No. - 738 of 2010

Petitioner :- Abdul Ali S/O Rasool & Anr.
Respondent :- State Of U.P. Thru Prin. Secy. Home & Ors.
Petitioner Counsel :- Dinesh Kumar Chaudhary
Respondent Counsel :- G.A.

Hon'ble Alok K. Singh,J.

Hon’ble Yogendra Kumar Sangal,J.

Heard learned counsel for the petitioners, learned A.G.A. and perused the
material placed on record including the impugned F.I.R.

Perusal of the F.I.R. discloses commission of cognizable offence. Therefore, it
cannot be quashed.

However, it is submitted on behalf of the petitioners that the offences are not
so grave and the same are triable by Magistrate.

In view of the above, as an interim measure, it is provided that till any
credible and cogent evidence is collected agaisnt the petitioners (Abdul Ali
and Mohammad Ibrahim), they shall not be arrested in Case Crime No. 686 of
2009 under Sections 379/411 I.P.C. and Section 26 of the Indian Forest Act
and Section 3/28 Transit Act, Police Station Gaura Chauraha, District
Balrampur, subject to their co-operation in the investigation, which shall go
on.

Petition is disposed of accordingly.

Order Date :- 29.1.2010
ML/-


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