Court No. - 28 Case :- MISC. BENCH No. - 708 of 2010 Petitioner :- Mohd. Zafar S/O Baqar & Anr. Respondent :- State Of U.P. Thru Prin. Secy. Home & Ors. Petitioner Counsel :- Narendra Gupta Respondent Counsel :- G.A. Hon'ble Alok K. Singh,J.
Hon’ble Yogendra Kumar Sangal,J.
Heard the learned counsel for the petitioners, learned A.G.A. and perused the
material on record including the F.I.R.in question.
The F.I.R. discloses commission of cognizable offence. Therefore it cannot be
quashed.
Learned counsel for the petitioners, however, submits that as a matter of fact
on account of pelting of stones by somebody the trouble started but nobody
received any injury whatsoever. It is further said that in the F.I.R. no specific
role has been assigned to him and there is no mention about the injury being
received by anybody.
Learned A.G.A. has nothing to say substantial against it.
In view of the aforesaid facts and circumstances, as an interim measure it is
provided that till any credible and cogent evidence is collected against the
petitioners, they (Mohd. Zafar and Mohd. Salim) shall not be arrested in Case
Crime No.1409 of 2009, under Sections 147, 148, 149, 307, 336, 427, 332,
353, 323, 504, 506, 153-A I.P.C. and Section 7 Criminal Law Amendment
Act, Police Station Isha Nagar, District Lakhimpur subject to their full
cooperation in the investigation which shall go on.
With these observations this petition is finally disposed of.
Order Date :- 29.1.2010
PAL/
