Hon'ble Yogendra Kumar Sangal,J.
Heard learned counsel for the petitioner and learned Additional Government Advocate.
Under challenge in the instant writ petition is FIR relating to Case Crime No. 7522 of 2009, under Sections 406, 504 & 506 IPC, police station Kotwali, district Unnao.
We have gone through the contents of the FIR and other documents annexed hereto.
It comes out that the petitioner Rajesh Singh had lodged an FIR against one SP Saxena/opposite party No. 3, who is complainant of present case vide Case Crime No. C-2 of 2009, under Sections 161, 406, 420, 467, 468, 471, 504, 506 & 120-B IPC, police station Swaroop Nagar, district Kanpur, as such, the impugned FIR is an outcome of vengeance on the part of opposite party No.
3. In any case, since the FIR discloses commission of cognizable offence, as such, the same cannot be quashed.
However, considering peculiar facts and circumstances of the case, we hereby provide 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 173 CrPC, provided he cooperates with the investigation, which shall go on.
With the aforesaid observations/directions, the writ petition is disposed of. Order Date :- 4.2.2010 Pradeep/-