Court No. - 37 Case :- CRIMINAL MISC. WRIT PETITION No. - 11132 of 2010 Petitioner :- Chain Singh & Others Respondent :- State Of U.P. & Others Petitioner Counsel :- Sumit Daga Respondent Counsel :- Govt. Advocate Hon'ble Ashok Bhushan,J.
Hon’ble Yogesh Chandra Gupta,J.
Heard learned counsel for the petitioners and learned A. G. A.
By means of this writ petition, petitioners have prayed for quashing of the F.
I. R. dated 6.6.2010 registered as Case Crime No. 500 of 2010 under
Sections- 323, 307, 504, 506 I. P. C.read with Section 3 (2) (v) SC/ST Act
Police Station-Kotwali City, District-Bijnor.
A perusal of the first information report discloses prima facie commission of
offence.
We see no good ground for quashing the F. I. R. in exercise of powers under
Article 226 of the Constitution of India.
However, we observe that in case the petitioners surrender before the court
below and make an application for bail within three weeks from today, that
will be disposed of expeditiously keeping in view the observations made by
the Hon’ble Apex Court in the case of Lal Kamlendra Pratap Singh Versus
State of Uttar Pradesh and others reported in (2009) 4 SCC, 437.
With the above observations, the writ petition is disposed of finally.
Order Date :- 29.6.2010
HR