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Suresh Kumar Chaturvedi vs State Of U.P. Thru Prin. ...

High Court Of Judicature at Allahabad|25 February, 2021

JUDGMENT / ORDER

Hon'ble Alok Mathur,J.
Heard learned counsel for the petitioner, learned Additional Government Advocate and perused the record.
The petition seeks issuance of a writ order or direction in the nature of certiorari quashing the impugned F.I.R. No.26 of 2021 dated 15.2.2021 lodged by the opposite party No. 4 under Sections 147, 148, 149, 302, 307, 504 and 506 of Indian Penal Code and 7 Criminal Law Amendment Act, Police Station Dostpur, District -Sultanpur.
It is submitted on behalf of the petitioner that he has been falsely implicated in this case. He is suffering from serious mouth cancer and liver problems and is confined to bed.
After hearing learned counsel for the parties and going through the records, it cannot be said that the impugned F.I.R. does not disclose a cognizable offence, therefore, the relief as claimed by the petitioners in the present petition cannot be granted under Article 226 of the Constitution of India. (See: State of Harayana and others Vs. Bhajan Lal and others, AIR 1992 SC 604; State of Bihar and another Vs. Md. Khalique and another, 2002 (1) SCC 652 and Girish Kumar Suneja Vs. Central Bureau of Investigation, (2017) 14 SCC 809.
In the result, writ petition lacks merit and is dismissed.
However, four weeks' time from today is allowed to the petitioner for approaching the court concerned seeking regular bail. Till then coercive measures shall not be taken against the petitioner subject to his co-operation in the investigation.
Order Date :- 25.2.2021 RKM.
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Title

Suresh Kumar Chaturvedi vs State Of U.P. Thru Prin. ...

Court

High Court Of Judicature at Allahabad

JudgmentDate
25 February, 2021
Judges
  • Attau Rahman Masoodi
  • Alok Mathur