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Allahabad High Court
Piyosh Awasthi S/O Suresh Awasthi vs State Of U.P. Thru Secy. Home & Ors. on 28 January, 2010
Court No. - 28

Case :- MISC. BENCH No. - 684 of 2010

Petitioner :- Piyosh Awasthi S/O Suresh Awasthi
Respondent :- State Of U.P. Thru Secy. Home & Ors.
Petitioner Counsel :- Onkar Singh
Respondent Counsel :- G.A.

Hon'ble Alok Kumar Singh,J.

Hon’ble Yogendra Kumar Sangal,J.

Under challenge in the writ petition is FIR relating to Case Crime No. 427 of
2010, 28 of 2010 under Sections 399, 402, 307 IPC and 3/25 Arms Act,
Police Station – Bachhrawan, district Raebareli.

Heard learned counsel for the petitioner, learned AGA for the State of U.P.
and perused the material on record including the impugned First Information
Report.

The FIR discloses commission of cognizable offence, therefore it cannot be
quashed.

Learned counsel for the petitioner, however submits that it is a case of no
injury with an allegation of making attempt on the Police party.

In view of the above, we disposed of the writ petition finally, with an
observation that petitioner shall not be arrested in the aforesaid case crime
number during investigation unless and until cogent and credible evidence is
collected against him, subject to his full cooperation in the investigation
which shall go on.

Order Date :- 28.1.2010
Kaushal


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