Hon'ble Yogesh Chandra Gupta,J.
Heard learned counsel for the petitioner and learned AGA.
By this writ petition, the petitioner has prayed for quashing of the FIR in Case Crime No.259 of 2010, under Sections 377, 506 IPC, P.S. Ahraula, District Azamgarh.
A perusal of the FIR indicates that prima facie commission of offence is made out, hence it is not a fit case to exercise powers under Article 226 of Constitution of India.
However, it is provided that in case petitioner surrenders before the Court concerned within two weeks from today and applies 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 :- 30.6.2010 P