Allahabad High Court
Devendra Kumar Sharma & Another vs State Of U.P. & Others on 29 June, 2010
Bench: Ashok Bhushan, Yogesh Chandra Gupta
Court No. - 37 Case :- CRIMINAL MISC. WRIT PETITION No. - 11154 of 2010 Petitioner :- Devendra Kumar Sharma & Another Respondent :- State Of U.P. & Others Petitioner Counsel :- K.K. Arora Respondent Counsel :- Govt. Advocate Hon'ble Ashok Bhushan,J.
Hon'ble Yogesh Chandra Gupta,J.
Heard learned Counsel for the petitioners, learned A.G.A. and have perused the impugned first information report.
The petitioners through the present writ petition have invoked the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India praying for certiorari quahsing the impugned first information report dated 6.5.2010 relating to case crime No. 1760 of 2010, under sections 420,406,504,506 I.P.C., P.S. Kotwali, District Bareilly. The ancillary prayer is to issue a writ of mandamus commanding the respondents not to arrest the petitioners in the aforesaid crime number pendentilite the writ petition.
A perusal of the first information report discloses commission of cognizable offence. Hence, the question of quashing the first information report does not arise. The writ petition in this regard is dismissed. However, the petitioners shall not be arrested in the aforesaid case crime No. 1760 of 2010 for the aforesaid offences till the submission of chargesheet against them if any, under section 173(2) Cr.P.C.
Order Date :- 29.6.2010 LA/-