Hon'ble S.N.H. Zaidi,J.
Heard learned Counsel for the petitioner and learned A.G.A.
This writ petition under Article 226 of the Constitution of India has been filed by the petitioner for quashing the impugned First Information Report lodged by the Opposite Party No. 3 in case Crime No. 481/2010, under Sections 147/148/353/332/336/427 IPC read with Sections 153/171-F Representation of People Act, P.S. Sandana, District Sitapur and also for directing the opposite parties not to arrest him in pursuance of the impugned First Information Report.
The submission of learned Counsel for the petitioner is that the petitioner is a Government Servant and the impugned F.I.R. is lodged with mala fide and ulterior motive. On the date of incident, the petitioner was posted at Lucknow. Therefore, he needs protection.
Learned A.G.A. opposed the petition.
We have considered the submissions of learned Counsel for the petitioner and learned A.G.A. and have gone through the contents of the First Information Report which disclose commission of cognizable offence, as such, we are not inclined to interfere in the F.I.R.
However, keeping in view the facts and circumstances of the case, the writ petition is finally disposed of with the direction that the petitioner shall not be arrested in Case Crime No.,481/2010, under Sections 147/148/353/332/336/427 IPC read with Sections 153/171-F Representation of People Act, P.S. Sandana, District Sitapur, till cogent and credible material is collected showing the complicity of the petitioner in the instant case or till submission of police report under Section 173 (2) CrPC before the Court concerned, whichever is earlier, subject to his cooperation in the investigation, which will go-on.
Order Date :- 10.11.2010 lakshman [S.N.H. Zaidi, J.] [Rajiv Sharma, J.]