Prem Chand Gupta vs Union Of India Thru Dir., General ...
2014 Latest Caselaw 2994 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 7
 

 
Case :- MISC. BENCH No. - 5953 of 2014
 

 
Petitioner :- Prem Chand Gupta
 
Respondent :- Union Of India Thru Dir., General Railway New Delhi And Ors.
 
Counsel for Petitioner :- Anand Dubey
 
Counsel for Respondent :- Pankaj Srivastava
 

 
Hon'ble Ravindra Singh,J.

Hon'ble Vishnu Chandra Gupta,J.

Heard learned counsel for the petitioner, learned A.G.A. and Ms. Jyotsana Pal, learned counsel for Union of India.

This petition has been filed by the petitioner Prem Chand Gupta with a prayer to quash the FIR of case crime No.  Nil of 2014 under section 41/ 411 IPC, P.S. Siddharth Nagar, District Siddharthnagar and case crime No. 1 of 2014 u/s 3 R.P. (U.P.) Act, P.S. Railway Suraksha Bal/Post Balrampur, District Balrampur.

From the perusal of the FIR it appears that on the basis of allegation made therein the prima facie cognizable offence is made out. There is no scope of interfering in the FIR. Therefore, the prayer for quashing the FIR is refused.

However, considering the facts, it is directed that in case petitioner appears before the court concerned within 30 days from today and applies for bail, the same shall be heard and disposed of in view of Smt. Amrawati and another Vs. State of U.P. 2005 Cr.L.J. 755 which has been approved by the Hon'ble Apex Court in Lal Kamlendra Pratap Sigh Versus State of U.P reported in 2009(4) S.C.C. 437.

With this direction, this petition is finally disposed of.

Order Date :- 11.7.2014

RPD