Hon'ble Yogendra Kumar Sangal,J.
Heard the learned counsel for the petitioners, learned A.G.A. and perused the material on record including the F.I.R.in question.
The F.I.R. discloses commission of cognizable offence. Therefore it cannot be quashed.
Learned counsel for the petitioners, however, submits that as a matter of fact on account of pelting of stones by somebody the trouble started but nobody received any injury whatsoever. It is further said that in the F.I.R. no specific role has been assigned to him and there is no mention about the injury being received by anybody.
Learned A.G.A. has nothing to say substantial against it.
In view of the aforesaid facts and circumstances, as an interim measure it is provided that till any credible and cogent evidence is collected against the petitioners, they (Mohd. Zafar and Mohd. Salim) shall not be arrested in Case Crime No.1409 of 2009, under Sections 147, 148, 149, 307, 336, 427, 332, 353, 323, 504, 506, 153-A I.P.C. and Section 7 Criminal Law Amendment Act, Police Station Isha Nagar, District Lakhimpur subject to their full cooperation in the investigation which shall go on.
With these observations this petition is finally disposed of.
Order Date :- 29.1.2010 PAL/