Heard the learned counsel for the petitioner and learned A.G.A. who has put in appearance on behalf of State of U.P., opposite party no.1.
Issue notice to opposite party no.2 returnable at an early date.
Steps may be taken within seven days by registered post failing which the interim order which is being passed hereinbelow shall come to an end automatically.
List immediately after service.
It is submitted that though the offences are in trivial in nature. Though in the F.I.R. a fragile allegation has been made but in the statement under Section 161 Cr.P.C. of the first informant nothing has been said on the basis of which it may be said that the offence is prima facie made out. The accusation is in respect of giving a hand written information under Right to Information Act by Head Master of the school regarding supply of proceedings of 28.03.2006. It is also pointed out that though an application was moved on 12.09.2006 but in the F.I.R. the date is mentioned as 29.03.2006. It is against the record. This fact would be evident from the perusal of the F.I.R. vis-a-vis his application (Annexures-3 to 6).
It appears to be an arguable case.
In view of the above as an interim measure it is provided that till the pendency of this petition the proceedings arising out of Case Crime No. 430 of 2007, under Sections 166, 167 I.P.C., Police Station Lambhua, District Sultanpur so far it relates to the applicant/petitioner shall remain stayed.
Order Date :- 4.2.2010 PAL/