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GAURAV TYAGI versus STATE OF U.P. THRU SEC. HOME AND OTHERS

High Court of Judicature at Allahabad

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Gaurav Tyagi v. State Of U.P. Thru Sec. Home And Others - CRIMINAL MISC. WRIT PETITION No. 5981 of 2005 [2005] RD-AH 1459 (14 June 2005)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble A.K. Yog  J.

Hon'ble Vikram Nath J

This writ petition, under Article 226 Constitution of India is in the matter of First Information Report dated 10.5.2005 Registered as case Crime No.8 of 2004 under Section 420,406,504,506 IPC. P.S. Kavi Nagar District Ghaziabad (U.P.), pending investigation.

Learned counsel for the petitioner fails to satisfy, prima facie at this stage, that no offence in law is made out. Therefore, no case for quashing the F.I.R. during investigation is made out, at this stage.

As far as prayer for bail of the petitioner/s, during investigation is concerned, petitioner/s has an alternative remedy by approaching the concerned respondent/ authority for grant of bail as per law including the Full Bench decision in the case of Amrawati Vs. State, 2004(57) A.L.R. 389, without being prejudiced, in any manner, by dismissal of this Writ Petition.

Hence no case is made out to invoke discretionary extraordinary jurisdiction under Article 226, Constitution of India.

Writ Petition is dismissed summarily in limine without entering into the merits of the case, subject to the above observations.

No costs.

Dt.14.6.2005

Hsc/5981/05


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