Court No. - 20 Case :- MISC. BENCH No. - 7461 of 2010 Petitioner :- Putunni & Others Respondent :- State Of U.P.,Thru. Prin. Secy.,Home & Others Petitioner Counsel :- Satish Chandra "Kashish" Respondent Counsel :- G.A. Hon'ble Raj Mani Chauhan,J.
Hon’ble Virendra Singh,J.
Heard learned counsel for the petitioner, learned A.G.A and perused the
documents available on record.
This petition under Article 226 of the Constitution of India has been filed by
the petitioner for quashing the impugned FIR, registered in case crime no.292
of 2010, under Sections 307, 504, 506 IPC in Police Station Lalganj, Distt.
Pratapgarh and also for direction to the opposite parties not to arrest the
petitioner in pursuance to the said impugned FIR.
The submission of learned counsel for the petitioner is that the incident had
been taken place on 22.07.2010 at about 11.00 P.m in the night and the FIR
was lodged on 24.07.2010 at 11.05am. which is highly delayed. Further
submission of learned counsel for the petitioner is that as per prosecution
version the complainant was returning back his home from Lucknow on his
Motorcycle with one person. While he was on his way four accused were met
him on the way and they opened firing on them but both of them narrowly
escaped and they did not sustain any injury.
Learned counsel for the petitioner submits that the story narrated by the
complainant on its face appears to be unnatural and false. Prima-facie it
appears that the petitioner has been falsely implicated on account of the village
politics as the election of Pradhan is coming nearer, therefore, he deserves
interim protection.
Learned A.G.A opposed the petition.
We have gone through the contents of the FIR. Keeping in view the totality of
the facts the case the petition is finally disposed of with the observation that
petitioner will not be arrested by the Investigation Officer till cogent and
credible evidence is collected by him against the petitioner subject to his
cooperation in the investigation.
Order Date :- 5.8.2010
Shahnaz