Court No. - 29 Case :- CRIMINAL MISC. WRIT PETITION No. - 10968 of 2010 Petitioner :- Raj Kumar Singh Respondent :- State Of U.P. & Others Petitioner Counsel :- Jeevan Prakash Sharma Respondent Counsel :- Govt. Advocate Hon'ble Arun Tandon,J.
Hon’ble Rajesh Chandra,J.
Heard learned counsel for the petitioner and the learned AGA appearing for
the State respondents.
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 certiorari quashing the impugned F.I.R. dated 13.04.2010, relating
to Case Crime No. 89/2010, under Sections 420, 467 and 468 I.P.C., P.S.-
Chetganj, District-Varanasi. The ancillary prayer is to issue a writ of
mandamus commanding the respondents not to arrest the petitioner in the
aforesaid crime number pendentilite the writ petition.
A perusal of the impugned FIR, in our view, prima facie discloses
commission of cognizable offence against the petitioner, hence there is no
reason to quash the same.� Prayer for quashing the F.I.R. in Case Crime No.
89/2010, under Sections 420, 467 and 468 I.P.C., P.S.- Chetganj, District-
Varanasi, is rejected.
However, the arrest of petitioner namely Raj Kumar Singh shall not be made
till credible evidence is collected by the investigating officer.
With the aforesaid observations/directions, the writ petition is disposed of.
Order Date :- 24.6.2010
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