Hon'ble Yogendra Kumar Sangal,J.
Heard learned counsel for the petitioner , learned A.G.A is present on behalf of the State of U.P.
Under challenge is the FIR relating to case crime No. 406 of 2009, under section 419, 420, 406, 504, 352 IPC and 3 (i) SC/ST Act,Police Station Tikait Nagar , district Barabanki Let notice be issued to opposite party no. 5 returnable at an early date.
List immediately after service.
Learned counsel for petitioner submits that the petitioner is not named in the FIR. He further submits that as a matter of fact, the petitioner happens to be a shop owner against whom due to political rivalry , one application was moved under section 156 (3) Cr.P.C by one Raghvendra Singh of his village (annexure-9), which was rejected. Then the first informant of the impugned FIR,namely Sri Ram , son of Dhodhey , resident of village Ajaimau post Manjhela, P.S. Tikkait Nagar , Tahsil Ram SDanehi ghat , district- Barabanki filed an application under section 156 (3) Cr.P.C against him on 9.2.2009 on the basis of misuse of Antyodaya Card No. 16662. In this regard , two points are submitted. Firstly, the aforesaid card has already been cancelled vide resolution of Gaon Sabha dated 2.6.2006 (annexure-7). Secondly it is pointed that a report was obtained in respect of this application and it was against the applicant. Finally the applicant absented himself and this application under section 156 (3 ) Cr.P.C was dismissed on 15.6.2009( annexure-15).Thereafter the opponent again exerted pressure on the police and without any reason or rhyme the Circle Officer suddenly gave a written direction to the S.O. P.S.Tikait Nagar (Annexure16) to arrest the petitioner who as mentioned herein above is not named in the FIR. No reason whatsoever has been shown in this order for issuing of such a direction all of a sudden to deprive him of his personal liberty.
In view of the above,as an interim measure it is provided that the petitioner shall not be arrested in above case crime number till the next date of listing .
Order Date :- 28.1.2010 R.P/