Mustakeem vs State Of U P And Others

Court No. - 21

Case :- CRIMINAL MISC. WRIT PETITION No. - 24124 of 2017 Petitioner :- Mustakeem Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Jitendra Pal Singh,Pradeep Kumar Singh Counsel for Respondent :- G.A.

Hon'ble Krishna Murari,J.

Hon'ble Akhilesh Chandra Sharma,J.

Vakalatanama filed by Sri Alok Kumar Singh on behalf of the complainant is taken on record.

We have heard learned counsel for the petitioner and learned A.G.A. for the State.

This writ petition under Article 226 of the Constitution of India has been filed by the petitioner for quashing the impugned First Information Report registered as Case Crime No. 343 of 2017, under Sections 376, 120B I.P.C., Police Station Garh Mukteshwar, District Hapur so far as it relates to the petitioner and also for direction to the opposite parties not to arrest him in pursuance of the impugned F.I.R.

A bare reading of the FIR goes to show that the allegations, prima facie, constitute commission of cognizable offence, hence, there is no reason to quash the same.

The writ petition, accordingly, stands dismissed.

However, if the petitioner appears before the court below within three weeks from today and applies for bail, it is expected that the same will be considered and disposed of in accordance with law.

Order Date :- 8.11.2017 MT**