Court No. - 20 Case :- MISC. BENCH No. - 6877 of 2010 Petitioner :- Kailash Nath Ganpat Kadam Respondent :- State Of U.P., Thru. Secretary, Home & Others Petitioner Counsel :- Arun Sinha,Siddharth Sinha Respondent Counsel :- G.A. Hon'ble Raj Mani Chauhan,J.
Hon’ble Virendra Kumar Dixit,J.
Heard learned counsel for the petitioner and learned A.G.A. as well as
perused the documents available on record.
This writ petition under Article 226 of the Constitution of India has been filed
by the petitioner for quashing the impugned F.I.R., lodged at Case Crime No.
222 of 2010, under Section 2/3 of U.P. Gangster Act, registered at Police
Station Chowk, District Lucknow and also for staying the arrest of the
petitioner in pursuance to the said impugned F.I.R.
The submission of the learned counsel for the petitioner is that the petitioner
has been made accused by the police on the basis of single criminal case i.e.
Case Crime No. 62 of 2010, Under Sections 380, 457, 411 I.P.C., Police
Station Chowk, District Lucknow. As per prosecution case, there had been a
theft on the night of 11/12.2.2010 in a jewelery shop, situated in the premises
of Khatri Market, 332/4, Second Storey, within the police station Chowk,
District Lucknow. This jewelery shop was run by three partners, namely,
Dilip Sawant, Kailash Kadam (petitioner) and S.S. Alam. On the night of the
occurrence, the petitioner was in Bombay. He after getting information of
theft in his jewelery shop rushed to Lucknow on 13.2.2010 by Air. The
petitioner during investigation has falsely been implicated as an accused in
this case which apparently appears to be false. The petitioner is already on
bail in that case. Therefore, he deserves for interim protection during the
course of investigation.
Learned A.G.A. opposed the petition.
We have gone through the contents of the F.I.R., which disclose the
commission of the cognizable offence and as such the same cannot be
quashed. The writ petition is liable to be dismissed.
The writ petition is, therefore, dismissed.
However, keeping in view the facts and circumstances of the case, it is
provided that in case the petitioner appears before the court below and moves
any application for bail, the same shall be disposed of by the courts below
expeditiously.
Order Date :- 23.7.2010
Sanjay