Allahabad High Court High Court

Radhey Shyam Yadav vs State Of U.P. And Others on 2 April, 2010

Allahabad High Court
Radhey Shyam Yadav vs State Of U.P. And Others on 2 April, 2010
Court No. - 42

Case :- CRIMINAL MISC. WRIT PETITION No. - 4805 of 2010

Petitioner :- Radhey Shyam Yadav
Respondent :- State Of U.P. And Others
Petitioner Counsel :- S.P. Giri
Respondent Counsel :- Govt. Advocate,H.P. Dube

Hon'ble Vinod Prasad,J.

Hon’ble Rajesh Chandra,J.

The petitioner through the present writ petition has invoked the
extraordinary jurisdiction of this Court under Article 226 of the
Constitution of India praying for a writ, order or direction in the
nature of certiorari quashing the impugned FIR dated 18.02.2010,
relating to case crime no.150 of 2010, under Section 138
Electricity Act, PS Buxa , District Jaunpur vide Annexure No.1.
The ancillary prayer is to issue a writ of mandamus commanding
the respondents not to arrest the petitioner in the aforesaid crime
number pendentelite the writ petition.

We have heard learned counsel for the petitioner and Sri
V.P.Pandey holding brief of Sri H.P.Dubey counsel for the
Electricity Department and have perused the impugned FIR.

We do not find any reason to quash the impugned FIR. This writ
petition stands dismissed with a direction that the bail prayer of the
petitioner be considered expeditiously, if possible on the same day.

Order Date :- 2.4.2010

SM