Court No. - 28 Case :- MISC. BENCH No. - 512 of 2010 Petitioner :- Sundar Lal S/O Late Lallu Respondent :- State Of U.P. Thru Prin. Secy. Home & Ors. Petitioner Counsel :- J.B.S. Rathore Respondent Counsel :- G.A. Hon'ble Alok Kumar Singh,J.
Hon’ble Yogendra Kumar Sangal,J.
Under challenge in the writ petition is FIR relating to Case Crime No. 9 of
2010 under Sections 363 and 366 IPC, Police Station – Ateria, district
Sitapur.
Heard learned counsel for the petitioner, learned AGA for the State of U.P.
and perused the material on record including the impugned First Information
Report.
The FIR discloses commission of cognizable offence, therefore it cannot be
quashed.
Learned counsel for the petitioner, however submits that FIR is mainly
against co-accused Ashok Kumar. Allegations against the petitioner is only
that on his Motor-cycle the girl was kidnapped but it is not specifically
mentioned in the FIR that he was also sitting on that Motor Cycle. It is said
that rediological age of the girl has been found to be 19 years and petitioner
had no concern at all with the main accused. He has been involved only on
account of village enmity.
In view of the above, this petition is finally disposed of with an observation
that petitioner shall not be arrested in the aforesaid case crime number unless
and until some credible and cogent evidence is collected against him during
the course of investigation, subject to his full cooperation with the
investigation.
Order Date :- 27.1.2010
Kaushal