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2009 Supreme(SC) 536

MARKANDEY KATJU, V.S.SIRPURKAR
Lal Kamlendra Pratap Singh – Appellant
Versus
State of U. P. – Respondent


Advocates appeared:
For the Appellant :Imtiaz Ahmed (M/s. Equity Lex Associates), Advocate.
For the Respondents:S.R. Singh, Sr. Adv., Sandeep Singh, Anil Kumar Jha, Advocates.

ORDER

1. Heard learned counsel for the parties.

2. Leave granted.

3. The appeal by Special leave has been filed against the impugned Judgment dated 3.9.2007 of the Allahabad High Court in Criminal Miscellaneous Writ Petition No.13227/2007. The aforesaid writ Petition was filed for quashing the F.I.R. in case Crime No.1133/2007 under Sections 467, 468, 471, 420, 409 and 218 I.P.C., Police Station Mahoba, District Mahoba, U.P.

4. By the impugned Judgment, the High Court refused to quash the F.I.R. but directed that if the appellant surrenders within 10 days, his bail application will be considered and disposed of expeditiously.

5. Aggrieved by that order this appeal has been filed.

6. By an interim order dated 30.11.2007 this Court directed that the petitioner shall not be arrested in the meanwhile.

7. We are today informed by Shri S.R.Singh, learned senior counsel appearing for the State of U.P. that charge sheet has been filed and congnizance has been taken and the case is now pending before the trial Court. In these circumstances, he submitted that we should not exercise our discretion under Article 136 of the Constitution of India for quashing the F.I.R.

8. Learned counsel for th




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