Court No. - 20 Case :- MISC. BENCH No. - 6542 of 2010 Petitioner :- Shiv Nath Srivastava Respondent :- State Of U.P., Thru. Secretary, Home & Others Petitioner Counsel :- H.A. Alvi,Rakesh Kumar Verma Respondent Counsel :- G.A. Hon'ble Raj Mani Chauhan,J.
Hon’ble Virendra Kumar Dixit,J.
Heard learned counsel for the petitioner and learned A.G.A. as well as
perused the documents available on record.
This petition under Article 226 of the Constitution of India has been filed by
the petitioner for quashing the impugned FIR registered in Case Crime No.
183 of 2010, under Section 379 I.P.C. at Police Station Mahanagar, District
Lucknow and also for direction to the opposite parties not to arrest the
petitioner in pursuance to the said impugned FIR.
The submission of learned counsel for the petitioner is that the FIR is delayed
by five days which has not been explained by the complainant. The petitioner
is an employee of Essar and Virgin Mobile Company. He has unblemished
career. He has been named by the complainant under some misunderstanding.
There is no evidence against the petitioner. He, therefore, deserves protection
during investigation.
Learned A.G.A. opposed the petition.
We have gone through the contents of the FIR. The allegations made in the
FIR disclose the commission of cognizable offence mentioned therein,
therefore, no ground for quashing the FIR is made out. The petition is devoid
of any merit and is liable to be dismissed.
The petition is, therefore, dismissed.
However, it is observed that in case the petitioner appears before the court
concerned and applies for bail, the same shall be considered and disposed of
by the court expeditiously preferably on the same day.
Order Date :- 15.7.2010
Renu