Hon'ble Yogendra Kumar Sangal,J.
Heard learned counsel for the petitioner and the learned Additional Government Advocate, who has accepted notices on behalf of opposite parties 1 and 2.
Under challenge is FIR relating to case crime no. 4814 of 2009, under Sections 420, 467, 468 and 471 IPC, police station Kotwali, district Unnao.
We have gone through the contents of the FIR, which discloses commission of cognizable offence and, as such, the same cannot be quashed.
However, our attention has been drawn towards the FIR contained in Annexure-3 to the writ petition relating to case crime no. C-2 of 2009, under Sections 161, 406, 420, 467, 468, 471, 504, 506 and 120B IPC, police station, Swaropp Nagar, Kanpur and it has been submitted by the learned counsel for the petitioner that the said FIR was lodged on 01.09.2009 by Rajesh Singh- petitioner, and the impugned FIR is an outcome of the same. It is stated that arrest of co-accused Rajveer Singh, who had filed Writ Petition No. 9150 (M/B) of 2009, has already been stayed by this Court vide order dated 05.10.2009.
Let the things be as they are, considering the manner in which the FIR has seen light of the day, we hereby direct that the petitioner shall not be arrested in the aforesaid case crime number unless and until cogent and reliable evidence comes forward against him, provided he cooperates with the investigation, which shall go on.
With the aforesaid observations/directions, the writ petition stands finally disposed of.
Order Date :- 11.1.2010 Chauhan/-