Hon'ble Vedpal,J.
Learned A.G.A. is present for the State.
Issue notices to opposite party nos. 4 & 5 returnable at an early date.
List immediately after service.
Steps be taken within seven days by means of registered post, failing which the interim order which is being passed herein below shall come to an end.
Learned counsel for the petitioner submits that the offences are not so grave and the same are triable by Magistrate. He further submits that the petitioner was working as Village Pradhan and on account of a complaint made by the son of the opposite party no.5, the financial and administrative powers of the petitioner, were withdrawn and she was placed under suspension. It is said that the opposite party no. 5 happens to be a license holder of a fairprice shop, who, in connivance with the opposite party no. 4- who is one of the members of the Supervisory Committee, made a complaint on account of which the aforesaid powers were withdrawn and these powers were conferred upon opposite party no. 4 but after inquiry the complaint was found to be devoid of any substance and therefore, it was closed and the petitioner was reinstated on 17.01.2010. It is said that somehow the opposite parties came to know about it beforehand and therefore a day before i.e. on 16.01.2010 an application under Section 156 (3) Cr.P.C. was filed before the court concerned and in furtherance of an order passed by the learned Magistrate on that application, the F.I.R. in question (Annexure No.1) was filed.
It appears to be an arguable case.
In view of the above, till the next date of listing or till filing of the charge sheet, if any, whichever is earlier, the petitioner (Smt. Geeta Devi) shall not be arrested in Case Crime No. 251 of 2010, under Section 409, 504, 506 I.P.C., Police Station-Salon, District-Raebareli, unless and until any credible and cogent evidence is collected against her, subject to her full co-operation in the investigation which shall go on.
Order Date :- 10.5.2010 ML/-