Court No. - 20 Case :- MISC. BENCH No. - 6167 of 2010 Petitioner :- Mukesh Shukla & Anr. Respondent :- State Of U.P.,Thru. Secretary, Home & Others Petitioner Counsel :- Manish Bajpai Respondent Counsel :- G.A. Hon'ble Raj Mani Chauhan,J.
Hon’ble Virendra Kumar Dixit,J.
Heard learned counsel for the petitioners and learned A.G.A.
This petition has been filed by the petitioners for quashing the impugned
F.I.R. in Case Crime No. 236 of 2010, under Sections 148,342,323 and 307 IPC
P.S. Hasanganj, district Lucknow and also for restraining the opposite parties not
to arrest the petitioners in the said crime number.
The submission of the learned counsel for the petitioners is that the FIR
lodged against the petitioners on its face is absurd. However, learned counsel
for the petitioners instead of pressing the petition on merit, requests that the
petition be disposed of with the direction that in case the petitioners appear
before the trial court and move an application for bail, the same shall be
disposed of by courts below in view the law laid down by the Hon’ble Apex Court
in the case of Lal Kamlendra Pratap Singh Vs. State of Uttar Pradesh and
others, reported in (2009) 4 SCC 437 and by the full Bench of this Court in case
of Smt. Amrawati Vs. State of U.P., reported in 2004 (57) ALR 390.
Learned A.G.A has no objection.
We have gone through the contents of the FIR which discloses the
commission of cognizable offence and as such it cannot be quashed. Therefore,
the writ petition is liable to be dismissed.
The writ petition is, therefore, dismissed.
However if the petitioners appear before the trial court and move an
application for bail, the same shall be disposed of by courts below, keeping in
view the law laid down by the Hon’ble Apex Court in the case of Lal Kamlendra
Pratap Singh Vs. State of Uttar Pradesh and others, reported in (2009) 4
SCC 437 and by the full Bench of this Court in case of Smt. Amrawati Vs. State
of U.P., reported in 2004 (57) ALR 390.
Order Date :- 2.7.2010
Amit