Court No. - 3
Case :- CRIMINAL MISC. WRIT PETITION No. - 36996 of 2018 Petitioner :- Abdul Haq Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Zaid Arshad,Arshad Hamid Counsel for Respondent :- G.A.
Hon'ble Pritinker Diwaker,J. Hon'ble Umesh Kumar,J.
Heard Sri Zaid Arshad, learned counsel for appellant and Sri P. Maurya, learned AGA for State.
This writ petition has been filed by the petitioner with a prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. dated 17.04.2018 in Case Crime No. 67 of 2018 under Sections 147, 148, 323, 364, 511, 506 I.P.C., P.S.- Janakpuri, District- Saharanpur.
It is contended by the learned counsel for the petitioner that the incident was a result of clash between the students within the college premises in which several persons received injury. It is next submitted that the petitioner has been falsely implicated in the present case and the impugned FIR has been liable to be quashed.
It has been further argued that similarly placed co-accused Baber has been granted protection by this court vide order dated 06.12.2018 passed in Criminal Misc. Writ Petition No. 35394 of 2018 ( Baber Vs. State of U.P. & 3 others) Per contra, learned AGA submitted that from the perusal of the impugned F.I.R., and allegations made therein, a prima facie cognizable offence is made out, hence, impugned FIR is not liable to be quashed.
After advancing his arguments at some length, learned counsel for the petitioner gave up his challenge to the impugned FIR and made a prayer that a direction be issued to the courts below to consider and decide the bail application of the petitioner expeditiously in accordance with law. He further stated at the Bar that he is not pressing any other prayer made in the writ petition.
In view of above, we refuse to quash the impugned FIR.
However, considering the prayer made by learned counsel for the petitioner, it is directed that in case the petitioner appears before the court concerned within thirty days from today and apply for bail, the same shall be heard and disposed of expeditiously by the courts below in view of the settled law laid by the Seven Judges' decision of this Court in the case of Amrawati and another Vs. State of U.P. reported in 2005 Cr.L.J. 755 as well as judgement passed by Hon'ble Apex Court in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
With the above directions, this petition is disposed of finally.
Order Date :- 19.12.2018 Shahid