Hon'ble Yogendra Kumar Sangal,J.
Heard learned counsel for the petitioners, learned A.G.A. and perused the material placed on record including the impugned F.I.R.
Perusal of the F.I.R. discloses commission of cognizable offence. Therefore, it cannot be quashed.
However, it is submitted on behalf of the petitioners that the offences are not so grave and the same are triable by Magistrate.
In view of the above, as an interim measure, it is provided that till any credible and cogent evidence is collected agaisnt the petitioners (Abdul Ali and Mohammad Ibrahim), they shall not be arrested in Case Crime No. 686 of 2009 under Sections 379/411 I.P.C. and Section 26 of the Indian Forest Act and Section 3/28 Transit Act, Police Station Gaura Chauraha, District Balrampur, subject to their co-operation in the investigation, which shall go on.
Petition is disposed of accordingly.
Order Date :- 29.1.2010 ML/-