Court No. - 29 Case :- CRIMINAL MISC. WRIT PETITION No. - 10983 of 2010 Petitioner :- B.K. Sinha Respondent :- State Of U.P. & Others Petitioner Counsel :- Ramesh Upadhyay Respondent Counsel :- Govt. Advocate Hon'ble Arun Tandon,J.
Hon’ble Rajesh Chandra,J.
We have heard learned counsel for the petitioners, learned
A.G.A. and have perused the impugned F.I.R.
The petitioners through the present writ petition have invoked
the extraordinary jurisdiction of this Court under Article 226
of The Constitution of India praying for certiorari quashing
the impugned F.I.R. dated 22.04.2010, relating to crime no.
238 of 2010, under Sections 420, 467, 468, 471 504, 506
I.P.C., P.S. – Civil Lines, District – Meerut. The ancillary
prayer is to issue a writ of mandamus commanding the
respondents not to arrest the petitioners in the aforesaid crime
number pendentilite the writ petition.
A perusal of the F.I.R. discloses commission of cognizable
offence. Hence, the question of quashing the F.I.R. does not
arise. The writ petition in this regard is dismissed. However
the petitioners shall not be arrested in the aforesaid crime no.
238 of 2010 for the aforesaid offences till the submission of
chargesheet against them if any, under Section 173(2) Cr.P.C.
Order Date :- 24.6.2010
M/A.