Allahabad High Court
Maan Singh vs State Of U.P., Thru. Prin. Secy.,Home & ... on 22 July, 2010
Bench: Raj Mani Chauhan, Virendra Kumar Dixit
Court No. - 20 Case :- MISC. BENCH No. - 6826 of 2010 Petitioner :- Maan Singh Respondent :- State Of U.P., Thru. Prin. Secy.,Home & Others Petitioner Counsel :- Ashok Kumar Singh 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. for the State as well as perused the record.
This petition under Article 226 of the Constitution of India has been filed by the petitioner for quashing the impugned First Information Report dated 15.1.2010 lodged by the Opposite Party No. 3 at Crime No. 22/2010, under Sections 34/147/148/149/395/397/307/342/353/332/333/336/504/506/427/ 223/412 IPC and 7 Criminal Law Amendment Act as well as Section 3/2 Prevention of Damage to the Government Property Act registered at Police Station Mailani, District Kheri and also for direction to the opposite parties not to arrest him in pursuance of the said impugned First Information Report.
The submission of learned counsel for the petitioner is that one of the accused in the same crime number has already challenged the impugned First Information Report in Writ Petition No. 6742 (MB) of 2010 in which although this Court has dismissed the writ petition but it has been observed that in case the petitioner appears before the court below and moves any application for bail the same will be disposed of expeditiously. Learned counsel for the petitioner requests that the petition be disposed of with the same observation.
Learned A.G.A. opposed the petition.
We have gone through the contents of the First Information Report which disclose 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 petitioner appears before the court below and moves any application for bail, the same will be disposed of by the court below expeditiously.
Order Date :- 22.7.2010 Santosh/-