Court No. - 28 Case :- U/S 482/378/407 No. - 459 of 2010 Petitioner :- Mohd. Farooq Respondent :- State Of U.P. Petitioner Counsel :- A.P. Mishra Respondent Counsel :- Govt. Advocate Hon'ble Alok K. Singh,J.
Heard the learned counsel for the petitioner and learned A.G.A. who has put
in appearance on behalf of State of U.P.
Let counter affidavit be filed within two weeks. Rejoinder affidavit, if any,
may be filed within a week thereafter.
List immediately after expiry of the aforesaid period.
Learned counsel for the petitioner submits that as would be apparent from the
perusal of the purcha dated 27.05.2009 (Annexure-2) the complicity of the
petitioner Mohd. Farooq son of Nizamuddin was found to be false. It is
further submitted that in the F.I.R. the parentage of Farooq was not mentioned
and therefore mainly on this ground he filed a Writ Petition No.10660 (M/B)
of 2009 in November, 2009 for quashing of the F.I.R. In that petition an
interim order was passed. That writ petition was finally disposed of on
16.11.2009 with an observation that there was some suspicion in the manner
in which the F.I.R. has seen the light of the day because parentage of Mohd.
Farooq was not mentioned in the F.I.R. and it was claimed that there were
several Mohd. Farooq in village Tikra Usma. Moreover one Mohd. Farooq
son of Nizamuddin said to be involved in the same crime was shown even in
that charge-sheet also. At the time of consideration of that writ petition an
attention was also drawn towards the aforesaid purcha dated 27.05.2009
clearly showing that the complicity of the Mohd. Farooq son of Nizamuddin
was found to be false. Therefore a Division Bench of this Court disposed of
the aforesaid writ petition with a direction that unless and until and reliable
evidence comes forward against the petitioner during investigation, he shall
not be arrested.
It is said that due to filing of the above writ petition the aforesaid
shortcomings came to the light and in retaliation thereof without any further
material on record the petitioner’s name has been included in the impugned
charge-sheet by the police.
It appears to be an arguable case.
In view of the above, as an interim measure it is provided that till the next
date of listing, the proceedings arising out of Case Crime No.681 of 2008,
under Sections 8/21/27/29 of N.D.P.S. Act, Police Station Zairpur, District
Barabanki so far it relates to the petitioner i.e. Mohd. Farooq son of
Nizamuddin shall remain stayed.
Order Date :- 3.2.2010
PAL/