Allahabad High Court High Court

Pawan Kumar vs State Of U.P.,Thru. Secretary, … on 5 August, 2010

Allahabad High Court
Pawan Kumar vs State Of U.P.,Thru. Secretary, … on 5 August, 2010
Court No. - 20

Case :- MISC. BENCH No. - 7467 of 2010

Petitioner :- Pawan Kumar
Respondent :- State Of U.P.,Thru. Secretary, Home & Others
Petitioner Counsel :- Fakhruddin Ali Ahmad,Ajay Pratap Singh
Respondent Counsel :- G.A.

Hon'ble Raj Mani Chauhan,J.

Hon’ble Virendra Singh,J.

Heard learned counsel for the petitioner and learned A.G.A. for the State as
well as perused the record.

This writ petition under Article 226 of the Constitution of India has been filed
by the petitioner for quashing the impugned First Information Report dated
26.7.2010 lodged by the Opposite Party No. 4 at Crime No. 190 of 2010,
under Sections 498-A/323/304-B IPC & 3/4 Dowry Prohibition Act registered
at Police Station Cantt, District Faizabad and also for direction to the opposite
parties not to arrest him in pursuance of the said impugned First Information
Report.

We have gone through the contents of the First Information Report which
disclose the commission of cognizable offence, therefore, we do not find any
ground to quash the First Information Report.

The Writ Petition is, therefore, dismissed.

However, keeping in view the totality of 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 the bail, the same will be disposed of by the
court below expeditiously preferably on the same day.

Order Date :- 5.8.2010
Santosh/-