Court No. - 28 Case :- MISC. BENCH No. - 4272 of 2010 Petitioner :- Platoon Commander Farukh Naseem, Respondent :- State Of U.P.,Thru. Secretary, Home & Others Petitioner Counsel :- Shailendra Misra Respondent Counsel :- G.A. Hon'ble Alok K. Singh,J.
Hon’ble Vedpal,J.
Heard the learned counsel for the petitioner, learned A.G.A. and perused the
material on record.
This petition has been filed impugning the F.I.R. in respect of Case Crime
No.121 of 2010, Under Sections 7 (c) and (e) of Provincial Armed
Constabillary Act, 1948, Police Station Mahanagar, District Lucknow.
Let notice be issued to opposite party no.4 returnable at an early date.
Steps may be taken by registered post within seven days failing which the
interim order which is being passed hereinbelow shall come to an end
automatically.
List immediately after service.
The F.I.R. discloses commission of cognizable offence, therefore it cannot be
quashed.
Learned counsel for the petitioner submits that the only allegation is that he
has sought medical leave on the ground of ailment and bed rest but he was
seen travelling in a car and thus he is intentionally extending the period of
medical leave without having proper treatment. It is said that the offence is
triable by Magistrate and not so grave.
Learned A.G.A. has nothing to say substantial against it.
In view of the aforesaid facts and circumstances it is provided that till the next
date of listing or filing of the charge-sheet, if any, whichever is earlier, the
petitioner (Platoon Commander Farukh Naseem) shall not be arrested in Case
Crime No.121 of 2010, Under Sections 7 (c) and (e) of Provincial Armed
Constabillary Act, 1948, Police Station Mahanagar, District Lucknow
subject to his full cooperation in the investigation which shall go on.
Order Date :- 10.5.2010
PAL/