Court No. - 25 Case :- MISC. BENCH No. - 73 of 2010 Petitioner :- Devendra Kumar Singh (Minor) S/O Late Balram Singh Respondent :- State Of U.P. Thru Secy. Home & Ors. Petitioner Counsel :- Satyendra Singh Respondent Counsel :- G.A. Hon'ble Abdul Mateen,J.
Hon’ble Yogendra Kumar Sangal,J.
Heard learned counsel for the petitioner and learned Additional Government
Advocate.
Under challenge is FIR relating to Case Crime No. 822 of 2009, under
Section2/3 U.P.Gangester Act, police station-Mallawan, district Hardoi.
Argument advanced by the learned counsel for the petitioner is that 94
packets of country liquor was recovered from the petitioner along with
wrappers of foreign liquor, which the petitioner wanted to dispose of as
foreign liquor for which the petitioner was apprehended and granted bail later
on. Apart from this, no case is made out against the petitioner. It is further
submitted that the petitioner is only 14 years of age as it comes out from the
mark-sheet annexed as annexure-4 to the petition.
Taking into consideration overall aspect of the matter, it is hereby directed
that the petitioner shall not be arrested in the aforesaid case crime number
unless and until cogent and reliable evidence comes forward against him
which turns into the shape of report under section 173 Cr.P.C, provided he
cooperates with the investigation which shall go on.
With the aforesaid observations/directions, the writ petition is disposed of.
Order Date :- 7.1.2010
R.P/