Court No. - 37 Case :- CRIMINAL MISC. WRIT PETITION No. - 11053 of 2010 Petitioner :- Mohammad Inam @ Namu Respondent :- State Of U.P. & Others Petitioner Counsel :- Anil Srivastava Respondent Counsel :- Govt. Advocate Hon'ble Ashok Bhushan,J.
Hon’ble Yogesh Chandra Gupta,J.
Heard learned counsel for the petitioner and the learned AGA.
By this writ petition, the petitioner has prayed for quashing of the FIR in Case
Crime No.372 of 2010, under Sections 323, 342, 363 IPC and Sections 3, 5, 6
of Immoral Trafficking(Prevention) Act, P.S. Brahampuri, District Meerut.
Learned counsel for the petitioner contends that no offence is made against
the petitioner under the aforesaid Sections.
A perusal of FIR discloses prima facie commission of offence, we are of the
view that it is not a fit case for exercise of jurisdiction under Article 226 of
the Constitution of India. However, it is provided that in case petitioner
surrenders before the Court concerned within 15 days from today and applies
for bail, the same shall be considered by the court below expeditiously
keeping in view of the Judgment of the Apex Court in the case of Lal
Kamlendra Pratap Singh Vs. State of U.P. & others, reported in 2009 (2)
S.C.C.(Crl.) 330.
In view of the aforesaid, the writ petition is disposed of.
Order Date :- 28.6.2010
Mustaqeem.