Hon'ble Vedpal,J.
Heard learned counsel for the petitioner and learned Additional Government Advocate.
Under challenge in the instant writ petition is FIR relating to Case Crime No. 129 of 2010, under Sections 409 IPC, police station Sangipur, district Pratapgarh.
We have gone through the contents of the FIR as well as other documents annexed with the petition. It comes out that certain amount was given to the petitioner, who happens to be Gram Pradhan of the village, for construction of 85- toilets out of which only 5-toilets were constructed and the amount relating to 80-toilets is said to have been usurped by the petitioner. Since the FIR discloses commission of cognizable offence, the same cannot be quashed.
However, considering the overall aspect of the matter, we hereby provide 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.
With the aforesaid observations/direction, the writ petition is disposed of.
Order Date :- 21.6.2010 Pradeep/-