Court No. - 37 Case :- CRIMINAL MISC. WRIT PETITION No. - 11381 of 2010 Petitioner :- Niraj Pal @ Langra & Others Respondent :- State Of U.P. & Others Petitioner Counsel :- Rajeev Chaddha,D.K. Singh Respondent Counsel :- Govt. Advocate Hon'ble Ashok Bhushan,J.
Hon’ble Yogesh Chandra Gupta,J.
Heard learned counsel for the petitioners and learned AGA.
By this writ petition, the petitioners have prayed for quashing of the FIR in
Case Crime No.Nil of 2010, under Sections 41, 411 IPC, P.S. Govind Nagar,
District Kanpur Nagar.
A perusal of the FIR indicates that prima facie commission of offence is made
out, hence it is not a fit case to exercise powers under Article 226 of
Constitution of India.
However, it is provided that in case petitioners surrender before the Court
concerned within two weeks from today and apply for bail, the same shall be
considered by the Court below in view of the observations of the Apex Court
in the case of Lal Kamlendra Pratap Singh Versus State of U.P. & others ,
2009 (2) S.C.C. (Crl.) 330.
In view of the aforesaid, the writ petition is disposed of.
Order Date :- 30.6.2010
P