Court No. - 20 Case :- MISC. BENCH No. - 6212 of 2010 Petitioner :- Suraj Bali And Ors. Respondent :- State Of U.P.Through Prin. Secy. Home Lko.And Ors. Petitioner Counsel :- L.J.Maurya Respondent Counsel :- G.A. Hon'ble Raj Mani Chauhan,J.
Hon’ble Virendra Kumar Dixit,J.
Heard the learned counsel for the petitioners and learned A.G.A. as well as
perused the documents available on the record.
This writ petition under Article 226 of the Constitution of India has been filed
by the petitioners for quashing the impugned first information report dated
20.6.2010, lodged in case Crime No. 983 of 2010, under Sections 419, 420,
467, 468, 471 I.P.C., at Police Station Mitauli District Lakhimpur Kheri and
also for directing the opposite parties No.2 and 3 not to arrest them in
pursuance of the said impugned first information report.
We have gone through the contents of the F.I.R. The allegations made in the
F.I.R. disclose the commission of cognizable offence and as such it cannot be
quashed.
The writ petition is, therefore, dismissed.
However, keeping in view the facts and circumstances of the case, it is
provided that if the petitioners appear before the trial court and move any
application for bail, the same shall be heard and decided by both the courts
below possibly on the same day in view of the law laid down by the Full
Bench of this Court in Srimati Amrawati and another Vs. State of U.P. 2004
CBC page 705. and by Hon’ble Apex Court in Lal Kamlendra Pratap Singh
Vs. State of Uttar Pradesh and others, reported in [(2009) 4 Supreme Court
Cases 437].
In the meantime, no coercive steps will be taken by the Investigating Officer
against the petitioners subject to their full cooperation in the investigation.
Order Date :- 3.7.2010
Sanjay