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[Cites 6, Cited by 1]

Allahabad High Court

Constable Ramesh Chandra & Others vs State Of U.P. & Others on 30 June, 2010

Bench: Ashok Bhushan, Yogesh Chandra Gupta

Court No. - 37

Case :- CRIMINAL MISC. WRIT PETITION No. - 11397 of 2010

Petitioner :- Constable Ramesh Chandra & Others
Respondent :- State Of U.P. & Others
Petitioner Counsel :- S.K. Chaubey,R.K.S. Chauhan
Respondent Counsel :- Govt. Advocate

Hon'ble Ashok Bhushan,J.

Hon'ble Yogesh Chandra Gupta,J.

Heard, learned counsel for the petitioners and the learned Additional Government Advocate.

By this petition, petitioners have prayed for quashing the F.I.R. dated 25.3.2009 registered as Case Crime No.151 of 2009, under Sections 147, 149, 452, 323, 343 and 427 of I.P.C., Police Station Kotwali, District Shahjahanpur.

A perusal of the F.I.R. discloses commission of offence, hence we see no good ground for quashing the F.I.R. We, however, observe that in case the petitioners surrender before the Court below within three weeks from today and make an application for bail, the same shall be considered in view of the judgment of the Apex Court in 2009 (2) SCC (Crl) 330, Lal Kamlendra Pratap Singh Vs. State of U.P. & Ors.

With the aforesaid observation writ petition is disposed of.

Order Date :- 30.6.2010 Rakesh