Court No. - 39 Case :- CRIMINAL MISC. WRIT PETITION No. - 11276 of 2010 Petitioner :- Hari Singh Respondent :- State Of U.P. & Others Petitioner Counsel :- Praveen Kr. Giri Respondent Counsel :- Govt. Advocate,Prince Srivastava,Rajesh Srivastava Hon'ble Vineet Saran,J.
Hon’ble Prakash Krishna,J.
Heard learned counsel for the petitioner as well as learned A.G.A. appearing
for the respondents no. 1 and 2 and Sri Rajesh Srivastava, learned counsel
appearing for the respondent no. 3 and have perused the record. With consent
of the learned counsel for the parties, this writ petition is being disposed of at
this stage without calling for a counter affidavit.
From a perusal of the F.I.R. as well as on consideration of the facts and
circumstances of this case we do not find it a a fit case in which the prayer for
quashing the F.I.R. or staying the arrest of the petitioner is made out.
However, in the facts and circumstances of this case, it is directed that in case
if the petitioner surrenders in case crime no. 135 of 2010, under sections 147,
323, 504, 506, 436, 427 IPC, Police Station Bithur, District Kanpur Nagar
within two weeks from today and apply for bail, the same shall be considered
and disposed of by the courts below expeditiously. Till disposal of the bail
application of the petitioner, no coercive action shall be taken against him. It
is made clear that this Court is not expressing any opinion on the merits of
this case.
With the aforesaid observation, this writ petition stands disposed of.
Order Date :- 29.6.2010
p.s.