Court No. - 37 Case :- CRIMINAL MISC. WRIT PETITION No. - 11119 of 2010 Petitioner :- Paras Nath Respondent :- State Of U.P. & Others Petitioner Counsel :- Vinod Kumar Srivastava Respondent Counsel :- Govt. Advocate Hon'ble Ashok Bhushan,J.
Hon’ble Yogesh Chandra Gupta,J.
Heard learned counsel for the petitioner and learned AGA.
By this writ petition, the petitioner has prayed for quashing of the FIR in Case
Crime No.861 of 2010, under Sections 419, 420, 467, 468, 471, 120-B IPC,
P.S. Kotwali, District Jaunpur.
A perusal of the FIR indicates that prima facie commission of offence is made
out, hence it is not a fit case to exercise powers under Article 226 of
Constitution of India.
However, it is provided that in case petitioner surrenders before the Court
concerned within three weeks from today and applies for bail, the same shall
be considered by the Court below in view of the observations of the Apex
Court in the case of Lal Kamlendra Pratap Singh Versus State of U.P. &
others , 2009 (2) S.C.C. (Crl.) 330.
In view of the aforesaid, the writ petition is disposed of.
Order Date :- 29.6.2010
P