Court No. - 20 Case :- MISC. BENCH No. - 6266 of 2010 Petitioner :- Malik Ram Jhagaru And Another Respondent :- State Of U.P.Through Its Secy. Deptt. Home Lko. And Ors. Petitioner Counsel :- Manoj Kumar Mishra 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
09.5.2010 lodged by the Opposite Party No. 3 in case Crime No. 153 of 2010,
under Sections 419/420/467/468/471/352/504/506 IPC registered at Police
Station Kotwali Dehat District Gonda and also for directing the Opposite
Party Nos. 1 and 2 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
discloses the commission of cognizable offence and as such it cannot be
quashed.
The writ petition is, therefore, dismissed.
However, keeping in view the facts and circumstances of the case, it is
provided that in case the petitioners appear before the Trial Court and move
any application for bail, the same shall be heard and decided by the courts
below preferably on the same day.
Order Date :- 5.7.2010
Santosh/-