Court No. - 25 Case :- MISC. BENCH No. - 5966 of 2010 Petitioner :- Shree Ram Pandey Respondent :- State Of U.P., Thru. Secretary, Home & Others Petitioner Counsel :- Vijay Kumar Shukla Respondent Counsel :- G.A. Hon'ble Abdul Mateen,J.
Hon’ble Vedpal,J.
Heard learned counsel for the petitioner and the learned Additional
Government Advocate.
Under challenge in the instant writ petition is the FIR. relating to Case Crime
No.303 of 2010 under Sections 304, 504,506,427 I.P.C. and 3(2) (v) of SC &
ST Act, Police Station Khairabad, District Sitapur.
We have gone through the contents of the FIR. Since it discloses commission
of cognizable offence as such the same cannot be quashed.
However, seeing that there is no mention in the FIR that victim was
manhandlled/assaultted in any manner by the petitioner that the post mortem
report states that the deceased died due to rupture of liver, we hereby direct
that the petitioner shall not be arrrested in the aforesaid case crime number
unless and untill cogent and reliable evidence comes forward against him
provided he cooperates with the investigation, which shall go on.
Order Date :- 22.6.2010
Tripathi