Allahabad High Court
Ashok O. Patel & Another vs State Of U.P. & Others on 25 June, 2010
Bench: Arun Tandon, Rajesh Chandra
Court No. - 29 Case :- CRIMINAL MISC. WRIT PETITION No. - 11044 of 2010 Petitioner :- Ashok O. Patel & Another Respondent :- State Of U.P. & Others Petitioner Counsel :- K.K. Arora Respondent Counsel :- Govt. Advocate Hon'ble Arun Tandon,J.
Hon'ble Rajesh Chandra,J.
We have heard learned counsel for the petitioners, learned A.G.A. and have perused the impugned F.I.R.
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 quashing the impugned F.I.R. dated 6.5.2010, relating to 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 F.I.R. disclosed commission of cognizable offence. Hence, the question of quashing the F.I.R. does not arise. The writ petition in this regard is dismissed. However the petitioners shall not be arrested in the aforesaid 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 :- 25.6.2010 Mustaqeem.