Hon'ble Vedpal,J.
Heard learned counsel for the petitioner and learned Additional Government Advocate, who has accepted notice on behalf of opposite parties no. 1 and 2.
Under challenge in the instant writ petition is FIR relating to Case Crime No. 1166 of 2009, under Section 429 I.P.C. and under Sections7/27/29/51 Wild Life Protection Act 1972 sub-section 26 (M) Forest Act and Sections 181/192/196/207 Motor Vehicle Act, Police Station-Tulsipur, District Balrampur.
We have gone through the contents of the FIR.
It has been argued that petitioner has been implicated merely on the statement of the accused persons who have been arrested on the spot and from whose possession tiger skin was recovered.
Since the FIR, discloses commission of cognizable offence the same cannot be quashed. However, in view of the aforesaid circumstances and since tiger skin was not recovered from the possession of applicant, we hereby directed that the petitioner shall not be arrested in the aforesaid case crime number unless and until cogent and reliable evidence comes forward against him in the shape of report under Section 169/173 Cr.P.C., provided he cooperates with the investigation, which shall go on.
With the aforesaid observations/directions, the writ petition is disposed of.
Order Date :- 18.1.2010 Tripathi