Court No. - 20 Case :- MISC. BENCH No. - 6795 of 2010 Petitioner :- Mohd. Khalil Khan Respondent :- State Of U.P.,Thru. Secretary, Home & Others Petitioner Counsel :- S.H. Ibrahim,Neeraj Sahu,S.A. Abbas Zaidi Respondent Counsel :- G.A. Hon'ble Raj Mani Chauhan,J.
Hon’ble Virendra Kumar Dixit,J.
Heard learned counsel for the petitioner, learned A.G.A. and perused the
F.I.R.
This petition under Article 226 of the Constitution of India has been filed by
the petitioners for quashing the impugned F.I.R. dated 13.07.2010 registered
as Case Crime No.368 of 2010, under sections 419, 420, 467, 468, 471 I.P.C.,
Police Station Kotwali Utraula, District Balrampur and also for direction to
the opposite parties not to arrest the petitioner in pursuance to the said
impugned F.I.R.
The submission of the learned counsel for the petitioner is that Almighty
Education Society is a registered society under the Societies Registration Act
which runs Almighty Public School. It is alleged that the complainant along
with the others officials inspected the Almighty institution but the papers
relating to recognition and other papers were not available, therefore the
institution was sealed by the complainant. Learned counsel for the petitioner
submits that the relevant papers related to the institution are already there in
the institution which has been sealed by the complainant. The petitioner is a
practicing advocate. He has spotless career and the First Information Report
has been lodged with the false allegations. Therefore he deserves interim
protection during the investigation.
We have gone through the contents of the F.I.R. which disclose the
commission of cognizable offence and as such it cannot be quashed.
The 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 concerned and
moves any bail application, the same will be disposed of by the courts below
expeditiously positively on same day, if possible.
Order Date :- 22.7.2010
PAL