Radhey Shyam Mishra vs State of U.P.

By means of this petition, the petitioner prays for quashing of the F.I.R. alleged to be ledged against under Sections 376 and 506, I.P.C. from the perusal of the F.I.R. it cannot be said at this stage that no offence at all is made out. Hence, the present writ petition is misconceived.

The next contention of the petitioner''s counsel is that the petitioner is a Governmener Servant and, therefore, a direction be given to the court below to dispose of the bail application of the petitioner on the same day. He pointed out that in a case of W. P. No. 5088 (MB)92 of W.P. No. 5088 (MB) Thakur Prasad v. State of U.P. and another, this court held that the person who is the Government Servant would be placed under suspension and therefore, the lower court can be directed to dispose of the bail application on the same day, if possible. In these circumstances in order to avoid any hardships and having regard to tae facts set out above and the circumstances and the fact that the petitioner is a Government Servant, we direct the court concerned to take into account all these facts and thereafter counterdispose of the bail application of the petitioner (if he moves) on the same day it'' possible.

With these observations the present, petition is hereby dismissed.