Hon'ble Vedpal,J.
Heard learned counsel for the petitioner and learned Additional Government Advocate.
Under challenge in this Writ Petition is First Information Report relating to Case Crime No 766 of 2010 under sections 223, 224 & 225 IPC of police station Kotwali Rae Bareli, District Rae Bareli.
We have gone through the contents of the First Information Report and other documents annexed along with the writ petition.
As it comes out that some untoward incident of manhandling a prisoner, as alleged, by the advocates had occurred in the Court of Judicial Magistrate-I (Court No. 17) Rae Bareli. In the chaos which prevailed there, another under- trial prisoner Rahul Singh who was brought by the petitioner, who happens to be a Constable, managed to flee away, as such, the present First Information Report has been lodged against the petitioner.
Since the contents of the First Information Report disclose commission of cognizable offence, as such, the same cannot be quashed.
However, seeing the manner in which the incident has occurred, we direct that the petitioner shall not be arrested in the above mentioned case crime number till cogent and reliable evidence comes against him subject to his cooperation in the investigation, which shall go on.
With the above observations/directions, the writ petition is finally disposed of.
Order Date :- 29.6.2010 anb