Court No. - 37 Case :- CRIMINAL MISC. WRIT PETITION No. - 11123 of 2010 Petitioner :- Zabbar & Another Respondent :- State Of U.P. & Others Petitioner Counsel :- Pramod Kumar Srivastava Respondent Counsel :- Govt. Advocate Hon'ble Ashok Bhushan,J.
Hon’ble Yogesh Chandra Gupta,J.
Heard learned counsel for the petitioners, Sri I.K. Chaturvedi and Sri Avnish
Kumar Pandey, Advocates on behalf of respondent no.4 and learned AGA the
State.
By this writ petition, the petitioners have prayed for quashing of the FIR in
Case Crime No.447 of 2010, under Sections 363, 366 IPC, P.S. Lisadi Gate,
District Meerut.
Sri I.K. Chaturvedi, learned counsel for respondent no.4 has submitted that
the girl has not yet been recovered.
A perusal of the FIR indicates that prima facie commission of offence is made
out, hence it is not a fit case to exercise powers under Article 226 of
Constitution of India.
However, it is provided that in case petitioners surrender before the Court
concerned within three weeks from today and apply for bail, the same shall be
considered by the Court below expeditiously 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 :- 29.6.2010
P