Hon'ble Yogendra Kumar Sangal,J.
Under challenge in the writ petition is FIR relating to Case Crime No. 1070 of 2009, under Sections 447, 143, 352, 504, 506, 427 IPC, and 3 (1)(X) S.C./S.T. Act, Police Station - Deva, district Barabanki.
Heard learned counsel for the petitioners, 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 petitioners, however submits that there had been a long litigation between the parties. There are few orders of the revenue courts on the basis of which relevant entries have been made in the relevant years of the Khasra in favour of petitioners which has been brought on record.
In view of the facts and circumstances of the case, this petition is finally disposed of with direction that petitioners shall not be arrested in the aforesaid case crime number unless and until some credible and cogent evidence is collected against them during the course of investigation, subject to their full cooperation with the investigation.
Order Date :- 27.1.2010 Kaushal