Hon'ble Yogendra Kumar Sangal,J.
Heard the learned counsel for the petitioner, learned A.G.A. and perused the material on record.
The F.I.R. discloses commission of cognizable offence. Therefore it cannot be quashed.
Learned counsel for the petitioner, however, submits that initially an application under Section 156 (3) Cr.P.C. was filed making exaggerated version on the basis of which the F.I.R. under Section 395 I.P.C. read with Section 3 (2) (V) S.C./S.T. Act was filed. But subsequently it was converted under sections 323, 504, 506 I.P.C. and Section 3 (1) (X) S.C./S.T. Act. It is said that except the offence under Section 3 (1) (X) S.C./S.T. Act other offences are triable by Magistrate. Learned counsel also points out that there is no accusation in the F.I.R. in respect of section 323 I.P.C.
Learned A.G.A. has nothing to say substantial against it.
In view of the aforesaid facts and circumstances, as an interim measure it is provided that till any credible and cogent evidence is collected against the petitioner, he (Bal Krishna Tiwari) shall not be arrested in Case Crime No.518 of 2009, under Sections 323, 504, 506 I.P.C. and Section 3 (1) (X) S.C./S.T. Act, Police Station Qotwali Dehat, District Gonda subject to his full cooperation in the investigation which shall go on.
With these observations this petition is finally disposed of.
Order Date :- 28.1.2010 PAL/