Court No. - 21 Case :- CRIMINAL MISC. WRIT PETITION No. - 10845 of 2010 Petitioner :- Mohammad Sirajuddin @ Munna Patrakar Respondent :- State Of U.P. & Another Petitioner Counsel :- Rajjan Singh,S.D. Kautilya Respondent Counsel :- Govt. Advocate Hon'ble V.K. Shukla,J.
Hon’ble Shyam Shankar Tiwari,J.
Learned A.G.A has accepted notice on behalf of respondent no. 1.
Issue notice to respondent no. 2.
Each one of the respondents is accorded eight weeks time to file counter
affidavit. Rejoinder affidavit may be filed within next two weeks.
List thereafter.
It has been contended on behalf of petitioner that he is Journalist by
profession and in respect of complaint which has been lodged by respondent
no. 2 news item in question has been published. Petitioner submits that
thereafter it appears that Smt. Sahin, respondent no. 2 has entered into
compromise with the accused person and as counter blast present First
Information Report has been lodged against the petitioner. Petitioner submits
that lodging of First Information Report is nothing but misuser of criminal
proceedings.
Primafacie arguments advanced requires consideration by this Court.
Consequently till the next date of listing or till submission of report under
Section 173 (2) Cr. P.C. whichever is earlier, petitioner shall not be arrested in
Case Crime No. 100 of 2010 under Sections 182,419, 420 and 509 IPC Police
Station Phaphoond, District Auraiya subject to condition that petitioner shall
extend all possible cooperation with the on going investigation.
Order Date :- 21.6.2010
Dhruv