Court No. - 25 Case :- MISC. BENCH No. - 706 of 2010 Petitioner :- Shiv Kumar @ Paggul S/O Rampal Respondent :- State Of U.P. Thru Secy. Home & Ors. Petitioner Counsel :- Satish K. Tripathi Respondent Counsel :- G.A. Hon'ble Abdul Mateen,J.
Hon’ble Yogendra Kumar Sangal,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.
1293 of 2009, under Sections 363 and 366 IPC, police station Fatehpur,
district Barabanki.
We have gone through the FIR, which discloses commission of cognizable
offence. Apart from it, the prosecutrix, who is said to have been kidnapped,
has not yet been recovered.
In view of the above, the FIR 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 :- 1.2.2010
Chauhan/-