Hon'ble Yogendra Kumar Sangal,J.
Heard learned counsel for petitioner, learned A.G.A for respondents No. 1 to 4 as well as Sri Diwakar Singh for respondent No. 5 and also perused counter affidavit as well as supplementary affidavit filed today in the court.
Under challenge is the FIR relating to case crime No.406 of 2009, under sections 419,420,406,504,352 IPC and section 3 (i) (x) SC/ST Act , Police Station- Tikait Nagar, district- Barabanki.
We have gone through the contents of the FIR which disclose commission of cognizable offence, as such, the same cannot be quashed. However, it has been put forward by learned counsel for petitioner that allegations so levelled against the petitioner, who happens to be the Village Pradhan that food grains and edible distributed to card holders of Antyodya Yojna were actually not distributed to the respective card holders. According to petitioner since the card card No.16662 of the respondent no. 5 under Antydya Yojna was already cancelled vide resolution in 2006 simply for the reason that the parentage of complainant Sri Sriram son of Dhodhey was not correctly shown in the said card, as such at no point of time any food grain or edible were distributed from the said card belonging to the complainant.
In view of the above, we here by dispose of this petition with the direction that the petitioner shall not be arrested in the aforesaid case crime number unless and until cogent and reliable evidence comes forward against the petitioner or till filing of the report in the shape of section 173 Cr.P.C, provided the petitioner cooperates in the investigation , which shall go on.
Date of order: 1.2.2010 R.P/