Court No. - 25 Case :- MISC. BENCH No. - 5923 of 2010 Petitioner :- Chhote Lal Sharma, Respondent :- State Of U.P., Thru. Prin. Secy.,Home & Others Petitioner Counsel :- Prashant Singh 'Atal' Respondent Counsel :- G.A. Hon'ble Abdul Mateen,J.
Hon’ble Vedpal,J.
Heard learned counsel for the petitioner and learned Additional
Government Advocate.
Under challenge in the instant writ petition is FIR relating to Case
Crime No. 129 of 2010, under Sections 409 IPC, police station
Sangipur, district Pratapgarh.
We have gone through the contents of the FIR as well as other
documents annexed with the petition.
It comes out that certain amount was given to the petitioner, who
happens to be Gram Pradhan of the village, for construction of 85-
toilets out of which only 5-toilets were constructed and the amount
relating to 80-toilets is said to have been usurped by the petitioner.
Since the FIR discloses commission of cognizable offence, the same
cannot be quashed.
However, considering the overall aspect of the matter, we hereby
provide the petitioner shall not be arrested in the aforesaid case crime
number unless and until cogent and reliable evidence comes forward
against him, provided he cooperates with the investigation, which shall
go on.
With the aforesaid observations/direction, the writ petition is disposed
of.
Order Date :- 21.6.2010
Pradeep/-