Court No. - 24 Case :- MISC. BENCH No. - 7773 of 2010 Petitioner :- Siraj Khan & Others Respondent :- State Of U.P., Thru. Secretary, Home & Another Petitioner Counsel :- Raza Zaheer Respondent Counsel :- G.A. Hon'ble Rajiv Sharma,J.
Hon’ble Raj Mani Chauhan,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State as
well as perused 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
06.7.2010 at Crime No. 295 of 2010, under Section 2/3 (i) U.P. Gangster and
Anti Social Activities (Prevention) Act, 1986 registered at Police Station
Motigarpur, District Sultanpur and also for direction to the opposite parties
not to arrest them in pursuance of the said impugned First Information Report.
We have gone through the contents of the First Information Report which
disclose the commission of cognizable offence as such it cannot be quashed.
The Writ Petition is, therefore, dismissed.
However, keeping in view the facts of the case, it is provided that in case, the
petitioners appear before the court below and moves any application for bail
the same will be disposed of by the court below expeditiously preferably on
the same day.
Order Date :- 12.8.2010
Santosh/-