IQBAL Vs. STATE OF U P

JUDGEMENT

(1.) This petition has been filed by accused Iqbal and another under Section 482 Cr.P.C. seeking quashment of the charge-sheet filed in Case No. 653 of 2011 (Crime No. 108 of 2011), under Sections 447/427/352 IPC and 3(1)(IV) of SC/ST Act, P.S. Kurshi, District-Barabanki.

(2.) Heard Sri Bhola Singh Patel, learned counsel for the petitioner and Sri Rishad Murtza, learned Government Advocate.

(3.) Charge-sheet shows that Investigating Officer while submitting charge-sheet did not arrest the petitioners on the ground that they enjoy high level political patronage and their arrest may disturb the law and order. Since the process adopted by the Investigating Officer was contrary to law, notice was issued to Investigating Officer who has filed the counter affidavit. Sri Vinay Chandra, the then Investigating Officer, presently posted as Deputy S.P. Vigilance, Lucknow, in his counter affidavit stated that the accused persons belong to Gaddi Community of Muslims and had tried to put political pressure, alleging that the police has been unnecessarily harassing them. It is also stated that they used their local political contacts to pressure local police to avoid arrest and insisted that the case be expunged. Considering the crime not so heinous, he submitted charge-sheet without arresting the accused. In para-6 of the counter affidavit, he has referred to the case of Supreme Court reported in Joginder Kumar Vs. State of U.P.,1994 31 ACC 431, Shaukeen Vs. State of U.P.and Ors.,2011 3 JIC 747 Notices were issued to Principal Secretary (Home), Government of U.P. and Director General, Prosecution, as these judgments do not restrain police from arresting accused while submitting charge-sheet.