Court No. - 25 Case :- MISC. BENCH No. - 182 of 2010 Petitioner :- Rajesh Singh S/O Late Sukh Sagar Singh Respondent :- State Of U.P. Thru Secy. Home & Ors. Petitioner Counsel :- Arun Sinha,Riyaz Ahmad Respondent Counsel :- G.A. Hon'ble Abdul Mateen,J.
Hon’ble Yogendra Kumar Sangal,J.
Heard learned counsel for the petitioner and the learned Additional
Government Advocate, who has accepted notices on behalf of opposite parties
1 and 2.
Under challenge is FIR relating to case crime no. 4814 of 2009, under
Sections
420, 467, 468 and 471 IPC, police station Kotwali, district Unnao.
We have gone through the contents of the FIR, which discloses commission
of cognizable offence and, as such, the same cannot be quashed.
However, our attention has been drawn towards the FIR contained in
Annexure-3 to the writ petition relating to case crime no. C-2 of 2009, under
Sections 161, 406, 420, 467, 468, 471, 504, 506 and 120B IPC, police station,
Swaropp Nagar, Kanpur and it has been submitted by the learned counsel for
the petitioner that the said FIR was lodged on 01.09.2009 by Rajesh Singh-
petitioner, and the impugned FIR is an outcome of the same. It is stated that
arrest of co-accused Rajveer Singh, who had filed Writ Petition No. 9150
(M/B) of 2009, has already been stayed by this Court vide order dated
05.10.2009.
Let the things be as they are, considering the manner in which the FIR has
seen light of the day, we hereby direct that the petitioner shall not be arrested
in the aforesaid case crime number unless and until cogent and reliable
evidence comes forward against him, provided he cooperates with the
investigation, which shall go on.
With the aforesaid observations/directions, the writ petition stands finally
disposed of.
Order Date :- 11.1.2010
Chauhan/-