- (1.) HEARD Sri N. I. Jafri, learned counsel for the petitioner and learned A.G.A.for the State of U.P. This petition has been filed by the petitioner Dr. Mohd. Kalim Akmal with the following prayers to issue a : - 1.Writ, order or direction in the nature of Certiorari quashing the impugned F.I.R. Dated 16.7.2011 lodged by the respondent No. 3 in case crime No. 128 of 2011 under section 120 -B/218/420/467/468/471 I.P.C.and section 13(1)(d) read with Section 13(2) of Prevention of Corruption Act, 1988, P.S.Cantt. District Allahabad, so far as the petitioner is concerned.
(2.) WRIT , order or direction in the nature of Mandamus directing and commanding the police not to arrest or humiliate the petitioner in case crime No. 128/2011 under section 120 -B/218/420/467/468/471 I.P.C.and section 13(1)(d) read with section 13(2) of Prevention of Corruption Act, 1988, Police Station Cantt. District Allahabad during the pendency of the present petition before this Hon'ble Court.
(3.) ANY other writ, order or direction of suitable nature which this Hon'ble Court may deem fit and proper. To award the cost of the petitioner in favour of the petitioner. From the perusal of impugned FIR, it appears that on the basis of allegations made therein, prima facie, coagnizable offence is made out. There is no ground to interfere in the impugned FIR, therefore, the prayer for quashinig the impugned FIR is refused. From the perusal of the counter affidavit filed on behalf of the State of U.P.it reveals that in the present case the investigation has been completed and the sanction of the prosecution has been accorded by the competent authority vide order dated 11.4.2013. Therefore, the interim order dated 27.7.2011 is hereby vacated. However, considering the facts and circumstances of the case, it is directed that in case the 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 CrLJ 755 which has been approved by Hon'ble Apex Court in Lal Kamlendra Pratap Singh Vs. State of U.P. and others, 2009 4 SCC 437. Accordingly, this petition is disposed of.;