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[Cites 1, Cited by 6]

Allahabad High Court

Budh Sen vs State Of U.P. & Others on 29 June, 2010

Bench: Vineet Saran, Prakash Krishna

Court No. - 39

Case :- CRIMINAL MISC. WRIT PETITION No. - 11242 of 2010

Petitioner :- Budh Sen
Respondent :- State Of U.P. & Others
Petitioner Counsel :- Mohd. Irfan
Respondent Counsel :- Govt. Advocate

Hon'ble Vineet Saran,J.

Hon'ble Prakash Krishna,J.

Heard learned counsel for the petitioners as well as learned A.G.A. appearing for the respondents and have perused the record.

From a perusal of the F.I.R. as well as on consideration of the facts and circumstances of this case we do not find it a fit case in which the prayer for quashing the F.I.R. or staying the arrest of the petitioner is made out. However, in the facts and circumstances of this case, it is directed that in case if the petitioner surrenders in case crime no.333 of 2010 under Sections 353 IPC and 123-B Prevention of Public Property Act, Police Station Bhot, District - Rampur within two weeks from today and apply for bail, the same shall be considered and disposed of by the courts below expeditiously. Till disposal of the bail application of the petitioner, no coercive action shall be taken against him.

It is made clear that this Court is not expressing any opinion on the merits of the case.

With the aforesaid observation, this writ petition stands disposed of.

(Vineet Saran, J.) (Prakash Krishna, J.) Order Date :- 29.6.2010 LBY