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RAJENDRA KUMAR KHEWARIYA versus STATE OF U.P. AND OTHERS

High Court of Judicature at Allahabad

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Rajendra Kumar Khewariya v. State Of U.P. And Others - CRIMINAL MISC. WRIT PETITION No. - 14445 of 2007 [2007] RD-AH 15698 (18 September 2007)

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HIGH COURT OF JUDICATURE AT ALLAHABAD

Criminal Misc. Writ Petition No. 14445 of 2007

Rajendra Kumar Khewariya Vs. State of U.P. and others

Hon'ble S. Rafat Alam, J.

Hon'ble V.D.Chaturvedi, J.

We have heard learned counsel for the petitioner and the learned Additional Government Advocate for the State-respondents and also perused the impugned FIR.

It is contended that in the impugned FIR there is no allegation against this petitioner so far as the firming from the firearm is concerned and the only allegation is of exhortation and thus, his arrest may be stayed.

We do not find any force in the submission for the reason that since the allegation discloses commission of cognizable offence, no relief can be granted nor FIR can be quashed at this stage and as such, arrest of the petitioner can also not be stayed. However, looking to the entire aspects of the matter, it is provided that in the event the petitioner surrenders before the court concerned and apply for bail in Case Crime No. 1705 of 2007, under Sections 307, 504 and 506 IPC and Section 7 of Criminal Law Amendment Act, Police Station Nawabad, District Jhansi, the same would be considered and disposed of expeditiously.

With the aforesaid observation, the writ petition stands dismissed.

Dated:18.9.2007

SKM


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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