- (1.) BY the Court.- Heard learned counsel for the petitioners and learned Government Advocate.
(2.) UNDER challenge is existence of FIR relating to case Crime No. 444 of 2009 under Sections 506/507, IPC, and subsequently added Sections 384,420, IPC read with Section 3/4/5 Immoral Traffic (Prevention) Act, 1956, Police Station Wazirganj, district Lucknow. We have gone through the contents of FIR and the statement of complainant recorded on 24.10.2009 after which Section 384,420 and Sections 3/4/5, Immoral Traffic (Prevention) Act, 1956 has been added.
(3.) GREAT emphasis has been laid by the learned counsel for the petitioners on the case of Joginder Singh v. State of U.P., 1994 (4) SCC 1172 and it has been asserted that mere lodging of the FIR does not give a right to the investigating agency to arrest the person unless and until some incriminating and cogent evidence which constitute an offence, and that too being a serious one is collected to enable the investigating agency to put their hands upon the accused person.;