Court No. - 20 Case :- MISC. BENCH No. - 6453 of 2010 Petitioner :- Majeed S/O Ramjan & Ors. Respondent :- State Of U.P. Thru Secretary Home & Ors. Petitioner Counsel :- R.P. Ojha Respondent Counsel :- G.A. Hon'ble Raj Mani Chauhan,J.
Hon’ble Virendra Kumar Dixit,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
27.6.2010 lodged by the Opposite Party No. 4 at Crime No. 672/2010, under
Sections 363/366 IPC registered at Police Station Kotwali Nagar, District
Gonda and also for direction to the opposite parties not to arrest them in
pursuance of the said impugned First Information Report.
The submission of learned counsel for the petitioners is that the Petitioner No.
1 (Majeed) is the father of the main accused who is aged about 72 years. As
per version of the First Information Report, no role has been assigned to the
Petitioner No. 1. Learned counsel further submits that no role has been
assigned to the Petitioner Nos. 2 and 3 too. Therefore, they need interim
protection.
We have gone through the contents of the impugned First Information Report
which disclose the commission of cognizable offence and as such it cannot be
quashed.
The writ petition is, therefore, dismissed.
However, keeping in vies the facts and circumstances of the case, it is
provided that if the petitioners appear before the court below and move any
application for bail, the same shall be heard and decided by the courts below
expeditiously.
Order Date :- 13.7.2010
Santosh/-