Allahabad High Court
Tanveer Ahmad @ Munney & Others vs State Of U.P.,Thru. Secretary, Home & ... on 5 July, 2010
Bench: Raj Mani Chauhan, Virendra Kumar Dixit
Court No. - 20 Case :- MISC. BENCH No. - 6256 of 2010 Petitioner :- Tanveer Ahmad @ Munney & Others Respondent :- State Of U.P.,Thru. Secretary, Home & Others Petitioner Counsel :- Mohsin Iqbal Respondent Counsel :- G.A. Hon'ble Raj Mani Chauhan,J.
Hon'ble Virendra Kumar Dixit,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State as well as perused the record.
This writ petition under Article 226 of the Constitution of India has been filed by the petitioners for quashing the impugned First Information Report dated 25.6.2010 lodged by the Opposite Party No. 3 in case Crime No. 544-A of 2010, under Sections 147, 148, 149, 452, 323, 504, 506, 308 IPC registered at Police Station Mawai, District Faizabad for directing the opposite parties not to arrest them in pursuance of the impugned First Information Report.
Learned counsel for the petitioners submits that there are cross cases between the parties. The petitioner no. 1 has lodged a First Information Report against the complainant and others which was registered at Crime No. 544-A of 2010, under Sections 323/325/504/506 IPC thereafter the complainant lodged the First Information Report of this case. All the injured sustained only simple injures. No offence under Section 308 IPC is made out. The petitioners, therefore, need protection.
We have gone through the contents of the First Information Report which discloses the commission of cognizable offence and as such it cannot be quashed.
The writ petition is, therefore, dismissed.
However, keeping in view the facts and circumstances of the case, it is provided that in case the petitioners appear before the Court below and move any application for bail, the same shall be heard and decided by the Court below expeditiously.
Order Date :- 5.7.2010 Santosh/-