Court No. - 25 Case :- MISC. BENCH No. - 300 of 2010 Petitioner :- Abdul Moid S/O Alimul Hasan & Ors. Respondent :- State Of U.P. Thru Secy. Home & Ors. Petitioner Counsel :- M. Waris Farooqui Respondent Counsel :- G.A. Hon'ble Abdul Mateen,J.
Hon’ble Vedpal,J.
Heard learned counsel for the petitioner and the learned Additional
Government Advocate, who has accepted notice on behalf of opposite parties
1 and 2.
Under challenge is FIR relating to case crime no.543 of 2009 under Sections
323,504,506, 427 I.P.C. and 3(i) (x) of SC & ST Act, Police Station
Maharajganj, Tarai, District Balrampur.
We have gone through the contents of the FIR, which discloses commission
of cognizable offence.
Since the FIR discloses commission of cognizable offence, the same cannot
be quashed, but seeing the trivial nature of the allegations, we dispose of this
writ petition with the direction that the petitioners shall not be arrested in the
aforesaid case crime number unless and until cogent and reliable evidence
comes forward against them in the shape of report under Section 169/173
Cr.P.C., provided they cooperate with the investigation, which shall go on.
Order Date :- 18.1.2010
Tripathi