MANISH SINHA Vs. THE STATE OF U.P THRU PRINCIPAL SECY., HOME DEPTT., AND ORS.
LAWS(ALL)-2011-12-325
HIGH COURT OF ALLAHABAD
Decided on December 21,2011

Manish Sinha Appellant
VERSUS
The State Of U.P Thru Principal Secy., Home Deptt., And Ors. Respondents

JUDGEMENT

- (1.) HEARD learned counsel for the petitioner and perused the record.
(2.) PETITIONER has sought a writ of certiorari for quashing the first information report dated 18.6.2011, in case Crime No. 143 of 2011, under Sections 420, 467, 468, 471 and 406 I.P.C., Police Station Chowk, District Lucknow. Having gone through the aforesaid first information report, it cannot be said that prima facie no offence under the aforesaid provisions is made out. We also find that against this very first information report Writ Petition No. 6512 (MB) of 2011 and 6498 (MB) of 2011 were filed in which this Court held that FIR discloses commission of cognizable offence, as such, the same cannot be quashed at this stage.
(3.) LEARNED counsel for the petitioner has submitted that in the aforesaid two matters, the Court while declining to quash the first information report has, however, provided that the petitioners therein shall not be arrested unless cogent and credible evidence is available against them provided that they cooperate with the investigation which shall go on and he has sought similar order in his matter also.;


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