Court No. - 28 Case :- MISC. BENCH No. - 528 of 2010 Petitioner :- Aiyaz S/O Sakoor Respondent :- State Of U.P. Thru Prin. Secy. Home & Ors. Petitioner Counsel :- Farooq Ayoob Respondent Counsel :- G.A. Hon'ble Alok Kumar Singh,J.
Hon’ble Yogendra Kumar Sangal,J.
Heard learned counsel for the petitioner as well as learned Additional
Government Advocate and perused the record.
Under challenge in this writ petition is the F.I.R. relating to Case Crime
No.620 of 2009, under Sections 420, 352, 504, 506 I.P.C., Police Station
Tikait Nagar, District Barabanki.
We have gone through the contents of the F.I.R. as well as other documents
which have been annexed therewith.
The F.I.R. discloses commission of cognizable offence against the petitioner,
as such the same cannot be quashed.
However, learned counsel for the petitioner submits that from the perusal of
the F.I.R. itself it would appear that Visa was got issued and the only dispute
is regarding the object of Visa. According to the allegation of the F.I.R. it was
to be obtained for electric work whereas Visa was got issued for labour/mason
work. It is also submitted that the allegations are general in nature and one of
co-accused, Smt. Nasreen Bano, has already been granted some relief
considering trivial nature of the allegation vide this Court’s order dated
10.12.2009 has been averred in brief in para 14 of the petition.
In view of the aforesaid facts and circumstances, it is provided that till filing
of the charge-sheet or police report whichever is earlier, the petitioner shall
not be arrested in Case Crime No.620 of 2009, under Sections 420, 352, 504,
506 I.P.C., Police Station Tikait Nagar, District Barabanki subject to his
cooperation in the investigation.
With these observations this petition is finally disposed of.
Order Date :- 27.1.2010
PAL/