BRIJ RAJ MISHRA Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel who appeared in support of this petition and learned A.G.A. for state authorities. Prayer in this petition is for quashing the first information report and to grant stay of arrest pursuant to the impugned first information report. Be as it may, on the facts, this Court is not satisfied that any case has been made out either to quash the F.I.R. or to grant stay of the arrest in exercise of jurisdiction under Article 226 of the Constitution of India as the F.I.R. discloses commission of cognizable offence. In view of the above, this Court declines to interfere in the matter. Accordingly, this petition is dismissed. However, if the petitioner surrenders and applies for bail in the court of concerned Magistrate, the court below may dispose of the bail application in the light of the law laid down by the Full Bench of this Court in the case of Smt. Amrawati Vs. State of U. P. reported in 2004 (57) ALR 390. In the event his bail application is rejected and he moves application for bail before the Sessions Judge, the same shall also be considered and disposed of in the light of the decision given in the case of Smt. Amrawati (Supra).