Allahabad High Court High Court

Kamlesh, & Anr. vs State Of U.P.,Thru. Prin. … on 5 August, 2010

Allahabad High Court
Kamlesh, & Anr. vs State Of U.P.,Thru. Prin. … on 5 August, 2010
Court No. - 20

Case :- MISC. BENCH No. - 7456 of 2010

Petitioner :- Kamlesh, & Anr.
Respondent :- State Of U.P.,Thru. Prin. Secy.,Home & Others
Petitioner Counsel :- Sunil Kumar Singh
Respondent Counsel :- G.A.

Hon'ble Raj Mani Chauhan,J.

Hon’ble Virendra Singh,J.

Heard learned counsel for the petitioners, learned A.G.A and perused the
documents available on record.

This petition under Article 226 of the Constitution of India has been filed by
the petitioners for quashing the impugned FIR, registered in case crime
no.331/2010, under Sections 452, 352, 323, 504, 506, IPC, Police Station
Mishrikh, Distt Sitapur and also for direction to the opposite parties not to
arrest the petitioners in pursuance to the said impugned FIR.
We have gone through the contents of the FIR. The allegations made in the
FIR discloses commission of cognizable offence mentioned therein, therefore,
no ground for quashing the FIR is made out. The petition is devoid of any
merit and is liable to be dismissed.

The petition is, therefore, dismissed.

However,keeping in view of the fact of the case as well as the nature of
offence it is observed that in case the petitioner appears before the court
concerned and moves any application for bail, the same will be considered and
disposed of by the courts below preferably on the same day.

Order Date :- 5.8.2010
Shahnaz