Court No. - 20 Case :- MISC. BENCH No. - 6844 of 2010 Petitioner :- Jaideep Kumar Mishra Respondent :- State Of U.P., Thru. Secretary, Home & Others Petitioner Counsel :- Radhey Shyam Tiwari Respondent Counsel :- G.A. Hon'ble Raj Mani Chauhan,J.
Hon’ble Virendra Kumar Dixit,J.
Heard learned counsel for the petitioner and learned A.G.A. as well as
perused the documents available on record.
This writ petition under Article 226 of the Constitution of India has been filed
by the petitioner for quashing the impugned F.I.R., registered at Case Crime
No. 5364 of 2009, under Sections 420, 467, 468, 471, 120-B I.P.C., Police
Station Kotwali Nagar, District Faizabad and also for direction to the opposite
parties not to arrest the petitioner in pursuance to the said impugned F.I.R.
The submission of the learned counsel for the petitioner is that the transferee
of so called forged sale deed as well as main accused Manoj Kumar had filed
a Writ Petition No. 4670 (MB) of 2010 for quashing the said impugned F.I.R.
in which the Court had been pleased to provide him interim protection. The
petitioner is attesting witness of the so called forged sale deed. His case stands
on better footing to the case of co-accused Manoj Kumar. Therefore, he also
deserves for interim protection during investigation.
Learned A.G.A. opposed the petition.
Considered the submission of the learned counsel for the petitioner and
learned A.G.A.
We have gone through the contents of the F.I.R. which disclose the
commission of cognizable offence and as such the same cannot be quashed.
However, keeping in view the facts and circumstances of the case as well as
the fact that co-accused Manoj Kumar has already been granted interim
protection by this Court, the writ petition is finally disposed of with the
observation that unless and until some credible and cogent evidence is
collected against the petitioner by the Investigating Officer, he shall not be
arrested in the aforesaid case crime number, subject to his cooperation in the
investigation, which will go on.
Order Date :- 22.7.2010
Sanjay