Court No. - 37 Case :- CRIMINAL MISC. WRIT PETITION No. - 11062 of 2010 Petitioner :- Sabir Koyala @ Sabir Faridi Respondent :- State Of U.P. & Others Petitioner Counsel :- Manoj Singh,J.B. Singh Respondent Counsel :- Govt. Advocate Hon'ble Ashok Bhushan,J.
Hon’ble Yogesh Chandra Gupta,J.
Heard learned counsel for the petitioner and learned AGA.
By this writ petition, the petitioner has prayed for quashing of the
FIR in Case Crime No.125 of 2010, under Sections 307, 504, 506
I.P.C., P.S. Shahganj, District Allahabad.
Learned counsel for the petitioner contends that no offence is
made out against the petitioner under Section 307 I.P.C.
In view of the allegations made in the FIR, we are of the view that
this is not a fit case for quashing of the FIR. We, however, provide
that in case petitioner surrenders before the Court concerned
within 15 days from today and applies 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 :- 28.6.2010
NS