Court No. - 20 Case :- MISC. BENCH No. - 6717 of 2010 Petitioner :- Ram Bilas Raidas Respondent :- State Of U.P.,Thru. Prin. Secy.,Home & Others Petitioner Counsel :- Nagendra Gupta Respondent Counsel :- G.A. Hon'ble Raj Mani Chauhan,J.
Hon’ble Virendra Kumar Dixit,J.
Heard learned counsel for the petitioner, learned A.G.A. and perused the
F.I.R.
The submission of the learned counsel for the petitioner is that the
complainant had purchased a tractor after taking loan from bank. An amount
of Rs.1,00,000 lac was due against him. The bank was going for auction the
tractor, consequently the complainant sold the tractor to the father of the
petitioner. The complainant has lodged the impugned First Information
Report with false allegations and no offence under Section 406 I.P.C. is made
out against the petitioner. The accused-petitioner, therefore, deserves interim
protection during the investigation.
Learned A.G.A. has opposed the petition.
Considered the submission of the learned counsel for the petitioner and the
learned A.G.A., keeping in view the facts and circumstances of the case as
well as the allegation of the complainant in the F.I.R. which discloses
commission of cognizable offence, the writ petition is finally disposed of with
the observation that till any credible and cogent evidence is collected against
the petitioner or filing of the charge-sheet/police report under Section 173
Cr.P.C. is filed, whichever is earlier, the petitioner (Ram Bilas Raidas) will
not be arrested by the Investigating Officer in Case Crime No. 210 of 2010,
under Sections 406, 323, 504 I.P.C., Police Station Mishrikh, District Sitapur
subject to his cooperation in the investigation which will go on.
Order Date :- 20.7.2010
PAL