Allahabad High Court High Court

Indra Kumar Singh & Others vs State Of U.P., Thru. Prin. … on 12 July, 2010

Allahabad High Court
Indra Kumar Singh & Others vs State Of U.P., Thru. Prin. … on 12 July, 2010
Court No. - 20

Case :- MISC. BENCH No. - 6439 of 2010

Petitioner :- Indra Kumar Singh & Others
Respondent :- State Of U.P., Thru. Prin. Secy.,Home & Others
Petitioner Counsel :- R.K. Singh
Respondent Counsel :- G.A.

Hon'ble Raj Mani Chauhan,J.

Hon’ble Virendra Kumar Dixit,J.

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

This petition has been filed by the petitioners for quashing the
impugned F.I.R. in Case Crime No. 351 A of 2010, under Sections
147,148,323,504 and 506 IPC & 7 Criminal Law Amendment Act, P.S.
Haliapur district Sultanpur and also for restraining the opposite parties
not to arrest the petitioner in the said crime number.
Learned counsel for the petitioners instead of pressing the petition on
merit request that the petition be finally disposed of with the
observation that in case petitioners appear before the court below and
move any bail application, the same be disposed of by the courts below
expeditiously.

Be that as it may, on the facts, this Court is not satisfied that any case
has been made out either to quash the F.I.R. or to grant stay of the arrest
in exercise of jurisdiction under Article 226 of the Constitution of India
as the F.I.R. discloses commission of cognizable offence.
In view of the above submission of learned counsel for the petitioners,
the writ petition is disposed of finally with the direction that if the
petitioners appear before the court below and moves an application for
bail, the same shall be disposed of by court below expeditiously.
Order Date :- 12.7.2010
Amit