A Division Bench comprising justices Arun Tandon and Surendra Kumar passed the order on the plea by Devendra Kumar Gangal, the owner of "Hotel Golf View" who had sought a stay on his arrest and quashing of an FIR lodged at Sector 39 Police Station of Noida under various sections of the Indian Penal Code and Damage to Public Property Act.
"After going through the FIR, we are of the considered opinion that the FIR discloses a cognizable offence.
"Therefore, the relief for quashing of the same can not be granted", the court observed while disposing of the petition.
The court, however, added, "we find it just and proper to provide that if the petitioner surrenders or otherwise being arrested in the aforesaid crime case and makes application for bail, his bail application shall be considered in accordance with law as early as possible by the court concerned".
