HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 24 Case :- MISC. BENCH No. - 9389 of 2011 Petitioner :- Mata Prasad Respondent :- The State Of U.P Thru Secy., Home., And Ors. Petitioner Counsel :- G.P Mishra Respondent Counsel :- Govt. Advocate Hon'ble Rajiv Sharma,J.
Hon'ble S.C. Chaurasia,J.
Heard learned counsel for the petitioner and learned A.G.A. and perused the record.
This writ petition under Article 226 of the Constitution of India has been filed by the petitioner for quashing the impugned First Information Report dated 28.7.2011 lodged by opposite party no.4 in case Crime No. 895/2011, under Sections 419, 420, 467, 468, 471, 409 IPC, Police Station Pachpedwa District Balrampur and also for directing the opposite parties not to arrest him in pursuance of the impugned First Information Report.
We have gone through the contents of the First Information Report which prima-facie 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. 895/2011, under Sections 419, 420, 467, 468, 471, 409 IPC, Police Station Pachpedwa District Balrampur, till cogent and credible material is collected showing the complicity of the petitioner in the instant case.
Order Date :- 21.9.2011 Muk