Court No. - 29 Case :- CRIMINAL MISC. WRIT PETITION No. - 10967 of 2010 Petitioner :- Chandra Prakash @ Prakash Chandra & Others Respondent :- State Of U.P. & Others Petitioner Counsel :- M.C. Tiwari,Kiran Tiwari Respondent Counsel :- Govt. Advocate Hon'ble Arun Tandon,J.
Hon’ble Rajesh Chandra,J.
We have heard learned counsel for the petitioners, learned
A.G.A. and have perused the impugned F.I.R.
The petitioners through the present writ petition have invoked
the extraordinary jurisdiction of this Court under Article 226
of The Constitution of India praying for certiorari quashing
the impugned F.I.R. dated 19.05.2010, relating to crime no.
290 of 2010, under Sections 498 A, 323, 504, 506 I.P.C. and
3/4 D.P. Act, P.S. – Jagdishpura, District – Agra. The ancillary
prayer is to issue a writ of mandamus commanding the
respondents not to arrest the petitioners in the aforesaid crime
number pendentilite the writ petition.
Since we find that the case of petitioner no. 2 Bhupendra is
distinguishable from rest of the petitioners, hence, his writ
petition is dismissed. However his bail prayer is directed to
be considered without unreasonable delay.
On the facts of the present petition the petitioners no. 1, 3 to
6 namely Chandra Prakash, Dharmendra, Deepak, Beby and
Manju shall not be arrested in the aforesaid crime no. 290 of
2010 for the aforesaid offences till the submission of
chargesheet against them under Section 173 (2) Cr.P.C., if
any.
This writ petition is accordingly disposed of.
Order Date :- 24.6.2010
M/A.