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, however, submits that the offence is of trivial nature and the main allegation of cutting the wood has been made against the sons of the petitioner who happen to be of adolescent age of 15 years and 10 years respectively.
Learned A.G.A. has nothing to say substantial against it.
In view of the aforesaid facts and circumstances this petition is finally disposed of with an observation that unless any credible evidence is collected during investigation the petitioner (Desh Raj) shall not be arrested in Case Crime No.5 of 2010, under Sections 379, 511, 332, 323, 504, 506 I.P.C. and Section 26 (6) of Forest Act, Police Station Bakshi Ka Talab, District Lucknow subject to his cooperation in the investigation.
With these observations this petition is finally disposed of.
Order Date :- 27.1.2010 PAL/