Hon'ble Vedpal,J.
Connect with Writ Petition No.6096 (M/B) of 2010.
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.395 of 2010 under Sections 147, 323, 504 and 506 I.P.C., Police Station Ghazipur, District Lucknow.
Argument advanced by the learned counsel for the petitioner is that the complainant, namely, Kesari Singh has lodged another FIR on 22.5.2010 at 3.00 p.m. with respect to an incident which is said to have been committed on 20.5.2010 at 6.15 p.m. On the same day i.e. on 22.5.2010 at 2.30 p.m., the present FIR (Case Crime No.395 of 1010 under Sections 147,323, 504, 506 I.P.C., Police Station Ghazipur, District Lucknow) of an incident said to have been committed on 1.00 p.m. was lodged but there is no whisper of the said Case Crime No.395 of 2010 in the FIR relating to Case Crime No.158 of 2010. Even in both the FIRs relating to Case Crime No.158 of 2010 as well as Case Crime No.395 of 2010, there is no whisper about the reason due to which this FIR has seen the light of the day after such a delay.
Learned counsel for the petitioner submits that the FIR has been lodged by the opposite party no.4 against the petitioner with some ulterior motive and without any rhyme and reason.
Issue notice to the opposite party no.4 returnable at an early date. Opposite parties may file counter affidavit within six weeks. Two weeks thereafter are granted to the petitioner to file rejoinder affidavit, if any.
List after expiry of the aforesaid period.
Till the next date of listing, the petitioner shall not be arrested in the aforesaid case crime number unless and until cogent and reliable evidence comes forward against him, provided he cooperates with the investigation, which shall go on.
Order Date :- 28.6.2010/Mahesh