Niyaz Khan S/O Amrez Khan vs State Of U.P. Thru Prin. Secy. Home … on 19 January, 2010

Court No. - 25
Case :- MISC. BENCH No. - 361 of 2010
Petitioner :- Niyaz Khan S/O Amrez Khan
Respondent :- State Of U.P. Thru Prin. Secy. Home & Ors.
Petitioner Counsel :- Mahmood Alam,Ishraq Farooqui
Respondent Counsel :- G.A.

Hon'ble Abdul Mateen,J.

Hon’ble Vedpal,J.

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

Under challenge in the instant writ petition is FIR relating to Case Crime No.
474 of 2009, under Sections 308, 323, 504 and 506 IPC, police station Aaspur
Devsara, district Pratapgarh.

We have gone through the FIR and other documents annexed along with the
petition.

Since the FIR discloses commission of cognizable offence, as such, the same
cannot be quashed.

The writ petition is misconceived and is accordingly dismissed.

However, it is provided that if the petitioner surrenders and moves application
for bail, the same shall be considered and disposed of by the courts below
expeditiously.

Order Date :- 19.1.2010
Chauhan/-