Court No. - 25 Case :- MISC. BENCH No. - 271 of 2010 Petitioner :- Abhishekh Chaurasiya @ Dabbu S/O Ram Kumar Chaurasiya Respondent :- State Of U.P. Thru Prin. Secy. Home & Ors. Petitioner Counsel :- Virendra Mishra Respondent Counsel :- G.A. Hon'ble Abdul Mateen,J.
Hon’ble Yogendra Kumar Sangal,J.
Heard learned counsel for the petitioner and learned Additional Government
Advocate.
Under challenge is FIR relating to Case Crime No. 1945 of 2009, under
Sections 376 & 420 IPC, police station Kotwali Haidergarh, district
Barabanki.
We have gone through the contents of the FIR and other documents annexed
hereto.
Argument advanced by the learned counsel for petitioner is that the
allegations so leveled in the FIR are totally false and have been levelled just
to see that the petitioner does not get married to some other lady.
While going through the FIR, we find that the main accused in the FIR is
petitioner and also the contents of the FIR disclose commission of a
cognizable offence as such the FIR cannot be quashed.
The petition is misconceived and is accordingly dismissed.
However, it is provided that if the petitioner surrenders and moves application
for bail, the same shall be considered and disposed of expeditiously by the
courts below.
Order Date :- 13.1.2010
R.P/