Hon'ble Yogesh Chandra Gupta,J.
Heard, learned counsel for the petitioner and the learned Government Advocate.
Issue notice to respondent no.3.
Steps be taken within one week.
Counter affidavit may be filed within four weeks.
List thereafter.
Petitioner's case is that the petitioner is a Branch Manager in the State Bank of India, Lalganj, Azamgarh and he has challenged the F.I.R. dated 17/6/2010, registered as Case Crime No. 780/2010 under Sections 406,419,420,467,468 and 471 I.P.C. Police Station, Deogaon, District Azamgarh.
Petitioner's case in the writ petition is that a cheque has been submitted by the complainant which was passed by the Cashier of the Bank. It is submitted that there are no specific allegations in the F.I.R. against the Branch Manager.
In the facts of the present case, we are of the view that till the report is submitted under Section 173 (2) Cr.P.C. the petitioner may not be arrested.
Order Date :- 28.6.2010 SB