Allahabad High Court High Court

Rajesh Kushwaha S/O Ram Dhari … vs State Of U.P. Thru Secy. Home & Ors. on 4 February, 2010

Allahabad High Court
Rajesh Kushwaha S/O Ram Dhari … vs State Of U.P. Thru Secy. Home & Ors. on 4 February, 2010
Court No. - 25

Case :- MISC. BENCH No. - 958 of 2010

Petitioner :- Rajesh Kushwaha S/O Ram Dhari Singh Kushwaha
Respondent :- State Of U.P. Thru Secy. Home & Ors.
Petitioner Counsel :- Ratnesh Agnihotri,Ashok Tomar
Respondent Counsel :- G.A.

Hon'ble Abdul Mateen,J.

Hon’ble Yogendra Kumar Sangal,J.

Heard learned counsel for the petitioner and learned Additional Government
Advocate.

The petitioner by means of this writ petition under Article 226 of
Constitution, has prayed for quashing FIR relating to case crime no. 41of
2010 under Section 406, 420, 342 & 323 IPC of police station Hasanganj,
district Lucknow.

We have gone through the contents of the FIR. In our opinion, since the
allegations made in the FIR disclose commission of cognizable offence as
such the same cannot be quashed.

The writ petition is misconceived and is accordingly dismissed.

However, it is directed that if the petitioner surrenders before the court
concerned and moves application for bail, the bail application shall be heard
and disposed of expeditiously by the courts below.

Order Date :- 4.2.2010
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