Court No. - 28 Case :- MISC. BENCH No. - 3562 of 2010 Petitioner :- Avinash Chandra Pandey Respondent :- State Of U.P. Through Its Secretary Home Lucknow And Others Petitioner Counsel :- Anand Dubey Respondent Counsel :- Govt.Advocate Hon'ble Alok K. Singh,J.
Hon’ble Vedpal,J.
Heard learned counsel for the petitioner and the learned Additional
Government Advocate.
Under challenge in the instant writ petition is the FIR relating to Case Crime
No.196 of 2010 under Sections 323, 504, 506 I.P.C. and 3(1) (x) of SC & ST
Act, Police Station Thana Kotwali Utraula, District Balrampur.
A perusal of the F.I.R. discloses commission of cognizable offence as such
the same cannot be quashed.
Learned counsel for the petitioner submits that except the offence under
Section 3(1) (x) of the SC & ST all the offences are triable by Magistrate.
In view of the aforesaid facts and circumstances, this petition is finally
disposed of with a direction that the petitioner (Avinash Chandra Pandey),
shall not be arrested in Case Crime No.196 of 2010 under Sections 323, 504,
506 I.P.C. and 3(1) (x) of SC & ST Act, Police Station Thana Kotwali
Utraula, District Balrampur, unless and until some cogent and reliable
evidence comes forward against the petitioner., subject to his cooperation in
the investigation, which shall go on.
Order Date :- 10.5.2010
Shukla