Court No. - 20 Case :- MISC. BENCH No. - 6675 of 2010 Petitioner :- Kishan Kumar Goenka Respondent :- State Of U.P., Thru. Secretary, Home & Others Petitioner Counsel :- Vivek Tripathi Respondent Counsel :- G.A.,Manik Sinha Hon'ble Raj Mani Chauhan,J.
Hon’ble Virendra Kumar Dixit,J.
Sri Chandra Shekhar Sinha, Advocate files Vakalatnama on behalf of opposite
party No.4.
Notice has been accepted on behalf of opposite party Nos. 2 and 3 by Sri
Manik Sinha.
Heard learned counsel for the petitioner, learned A.G.A and learned counsel
for the opposite party No.4 as well as perused the documents available on
record.
This petition under Article 226 of the Constitution of India has been filed by
the petitioner for quashing the impugned FIR dated 17.01.2010 registered in
case crime No. 1 of 2010, under Sections 3 Railway Property (Unlawful
Possession) Act 1966, Police Station Railway Protection Force Post
Barabanki, District Barabanki and also for direction to the opposite parties not
to arrest the petitioner in pursuance to the said impugned FIR.
The submission of learned counsel for the petitioners is that the petitioner is
not named in the FIR. Co-accused Arun Kumar Mishra, Surendra Pratap
Singh and Chandra Dev Prasad have already been granted interim protection
by this Court. No role has been assigned to the petitioner. The present
petitioner whose case stands on better footing to that of co-accused, also
deserves the interim protection during investigation.
Learned A.G.A. opposed the petition.
Considered the submissions of learned counsel for the petitioner and learned
A.G.A.
Keeping in view the facts and circumstances of the case as well as the fact
that co-accused have already been granted interim protection by this Court,
this petition is being disposed of finally with the observation that the
petitioner will not be arrested in the aforesaid case crime number, till filing of
the charge sheet/police report under Section 173 Cr.P.C., whichever is earlier,
subject to their cooperation in the investigation which shall go on.
Order Date :- 19.7.2010
Renu