Hon'ble Yogendra Kumar Sangal,J.
Heard learned counsel for the petitioners and learned Additional Government Advocate.
Under challenge is FIR relating to Case Crime No. 1240 of 2009, under Sections 323, 504 IPC read with Section 3 (1) X SC/ST Act, police station Amethi, district Sultanpur.
We have gone through the contents of the FIR. The allegations made in the FIR are simple in nature. Although, it has been alleged in the FIR that complainant was man-handled and beaten by Lathi, Danda and Axe.
It has been mentioned in the paragraph 11 of the writ petition by the learned counsel for the petitioner that complainant namely, Jagatram has not recieved any injury.
Since the FIR discloses commission of cognizable offence, the same cannot be quashed.
However, considering the peculiar facts and circumstances of the case, we hereby direct the petitioners shall not be arrested in the aforesaid case crime number unless and until cogent and reliable evidence in the shape of Section 173 Cr.P.C. comes forward against them, provided they cooperate with the investigation, which shall go on.
With the aforesaid observations/directions, the writ petition is disposed of. Order Date :- 8.1.2010 Kaushal