Hon'ble Yogesh Chandra Gupta,J.
Heard learned counsel for the petitioner and learned AGA for the State.
By this writ petition, the petitioner has prayed for quashing of the F.I.R dated 10th June, 2010 in case crime crime No. 528 of 2010, under Sections 419, 420 I.P.C. and 18/18-A/27/28 of illegal Medical Store Licence Act, 1940, Police Station- Mungrabadshapur, Dfistrict Jaunpur. Learned counsel for the petitioner contends that petitioner is not the owner of the shop which is alleged to be owned by the petitioner.
We are of the view that perusal of the F.I.R., commission of the offence is made out, hence it is not a fit case to exercise powers under Article 226 of Constitution of India. We, however, observe that in case petitioner surrenders before the Court concerned within two weeks from today and makes and application for bail, the same shall be considered by the Court below in view of the observations of the Apex Court in the case of Lal Kamlendra Pratap Singh Versus State of U.P. & others , 2009 (2) S.C.C. (Crl.) 330.
In view of the aforesaid, the writ petition is disposed of.
Order Date :- 28.6.2010 NS