Allahabad High Court High Court

Dr. Ashwani Kumar Tandon vs State Of U.P. & Others on 29 June, 2010

Allahabad High Court
Dr. Ashwani Kumar Tandon vs State Of U.P. & Others on 29 June, 2010
Court No. - 37

Case :- CRIMINAL MISC. WRIT PETITION No. - 11087 of 2010

Petitioner :- Dr. Ashwani Kumar Tandon
Respondent :- State Of U.P. & Others
Petitioner Counsel :- Sameer Jain
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. for the State.

By means of this writ petition the petitioner prayed for quashing of FIR in
case Crime No. 111 of 2010, under Sections 419, 420 I.P.C., P.S., Shivpur,
District Varanasi.

Learned counsel for the petitioner contends that allegation in the FIR is that
certain women belonging to depressed class were not distributed blankets and
they were insulted by sending them without providing blanket. Submission is
that the blankets were distributed by Khatri Hitkarini Sabha and only premises
of the petitioner was used. Further submission is that no offence has been
made out under Sections 419, 420 I.P.C.

In view of the facts of the case and in the interest of justice, we provide that
till the report under Section 173 (2) Cr.P.C. is submitted, the petitioner be not
arrested in pursuance of case Crime No. 111 of 2010, under Sections 419, 420
I.P.C., P.S., Shivpur, District Varanasi.

In view of the aforesaid, the writ petition is disposed of.

Order Date :- 29.6.2010
Zh