Allahabad Court August 2002 Judgments

Virendra Singh and ors. Vs. State of U.P. and ors.

Court: Allahabad

Reported in: 2002CriLJ4265

M. Katju, J.1. Heard learned counsel for the petitioners and learned Government Counsel.2. This petition has been held against the First Information Report dated 12-7-2002 (Annexure-1 to the writ petition) under Section 506, I.P.C. In this F.I.R. the allegation is that the petitioners are threatening to kill the first, informant.3. It is not necessary for us to quash the F.I.R. in view of the observations and directions made below.4. Section 506, I.P.C. as mentioned in the first schedule to the Code of Criminal Procedure, 1973, is declared to be a non cognizable and bailable offence. However, it appears that by U.P. Govt. notification No. 777/VIII 9-4(2)-87 dated July 31, 1989, published in the U.P. Gazette, Extra, Part-4, Section (kha) dated 2nd August, 1989 it was declared to be a cognizable and non bailable offence. This notification states as follows.In exercise of the powers conferred by Section 10 of the Criminal Law Amendment Act, 1932 (Act No. XXIII of 1932) read with Section 2...