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Durgesh Pandey S/O Chandrika ... vs State Of U.P. Thru Prin. Secy. Home ...

High Court Of Judicature at Allahabad|06 January, 2010

JUDGMENT / ORDER

Hon'ble Yogendra Kumar Sangal,J.
Heard learned counsel for the petitioner and learned Additional Government Advocate.
Under challenge is FIR relating to Case Crime No. 476 of 2009,under Sections 467,468,420,471,504,506 IPC, police station-Saadatganj district- Lucknow.
We have gone through the contents of the FIR and the other documents annexed hereto.
The argument advanced by the learned counsel for the petitioners is that the FIR is the out come of the NCR lodged by the father of the petitioner No. 3 against Sri Lal Bahadur who is associate of complainant as such it has been lodged in vengeance.
Since the FIR discloses commission of a cognizable offence, the same cannot be quashed.
However, seeing the trivial nature of the allegations and the statement given by Sri H.S.Tewari ,advocate at Bar that as alleged in the FIR Sri Jitendra Kumar Kori has not received any injury, we hereby direct that unless or untill cogent and reliable evidence comes forward against the petitioners, which shapes into a report under sectin 173 Cr.P.C the petitioners shall not be arrested in the aforesaid case crime number, provided they cooperate with the investigation, which shall go on.
With the aforesaid direction, the petition is disposed of.
Order Date :- 6.1.2010 R.P/
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Title

Durgesh Pandey S/O Chandrika ... vs State Of U.P. Thru Prin. Secy. Home ...

Court

High Court Of Judicature at Allahabad

JudgmentDate
06 January, 2010