Hon'ble Vedpal,J.
Rejoinder affidavit filed today is taken on record.
This petition has been filed by the petitioner for quashing of the F.I.R. relating to Case Crime No.38 of 2010 under Sections 419, 420, 467, 468, 471, 506 I.P.C., Police Station Maharajganj, District Faizabad.
Learned counsel for the opposite party no.4 prays for and is granted a week's time to file counter affidavit. Rejoinder affidavit, if any, may be filed within a week thereafter.
List after expiry of the aforesaid period.
Learned counsel for the petitioner submits that he happens to be the Manager of the institution in which opposite party no.4 is teaching as Assistant Teacher but it was found that opposite party no.4 had obtained his appointment on the basis of forged B.Ed. degree and therefore, his services were terminated. As on today, he is not in job. Still he has lodged F.I.R. in question showing himself to be assistant teacher of the institution making allegation that on account of application under Section 156(3) Cr.P.C. moved by the opposite party no.4 which was allegedly pending before the court on 12.3.2010, the petitioner abused and threatened him saying that he should withdraw the application under Section 156(3) Cr.P.C.
It is pointed out that the aforesaid application has already been rejected by the A.C.J.M., Faizabad saying that all the points raised in it, are already subjudice before Hon'ble High Court. He further submits that concededly though there were allegations with respect to Sections 504 and 506 I.P.C. only but sections 419, 420, 467, 468 and 471 have also been added in the caption of the F.I.R. in question.
In view of the aforesaid facts and circumstances, as an interim measure, it is provided that till the next date of listing or filing of the chargesheet, if any, whichever is earlier, the petitioner (Abhay Singh) shall not be arrested in Case Crime No.38 of 2010 under Sections 419, 420, 467, 468, 471, 506 I.P.C., Police Station Maharajganj, District Faizabad, unless and until credible and cogent evidence is collected against him subject to his cooperation in the investigation, which shall go on.
Order Date :- 10.5.2010 Tripathi