Hon'ble Ashwani Kumar Singh,J.
Heard the learned counsel for the applicant and the learned A.G.A.
This application has been filed with a prayer to recall the order dated 28.8.2014 by which this petition has been dismissed on the statement of learned A.G.A. that in the present case chargesheet has been submitted in the court.
It is submitted by learned counsel for the petitioner that in the present case charge sheet has not been submitted in the court concerned, therefore, this petition may be restored to its original number by recalling the order dated 28.8.2014.
Considering the submission made by learned counsel for the applicant, the order dated 28.8.2014 is hereby recalled, the petition be restored to its original number.
Accordingly this application is allowed.
Order Date :- 25.9.2014 RPD/Recall Appl.
Case :- MISC. BENCH No. - 8204 of 2014 Petitioner :- Abdul Mannan Respondent :- The State Of U.P Thru Secy., Home Deptt., And Ors.
Counsel for Petitioner :- Dinesh Kumar Chaudhary Counsel for Respondent :- Govt. Advocate Hon'ble Ravindra Singh,J.
Hon'ble Ashwani Kumar Singh,J.
This petition is restored to its original number by recalling the order dated 28.8.2014.
Heard the learned counsel for the petitioner and the learned A.G.A.
This petition has been filed by the petitioner Abdul Mannan with a prayer to quash the impugned F.I.R. in case crime no. 489 of 2013, under sections 147, 148, 504, 506, 352 I.P.C. and section 7 of Criminal Law Amendment Act, P.S. Kotwali Rehra Bazar, district Balrampur.
From the perusal of the impugned F.I.R. it appears that on the basis of the allegations made therein a prima facie offence is made out. There is no ground for interference in the impugned F.I.R. Therefore, the prayer for quashing the impugned F.I.R. is refused.
However, considering the facts, it is directed that in case petitioner appears before the court concerned within 30 days from today and applies for bail, the same shall be heard and disposed of in view of Smt. Amrawati and another Vs. State of U.P. 2005 Cr.L.J. 755 which has been approved by the Hon'ble Apex Court in Lal Kamlendra Pratap Sigh Versus State of U.P reported in 2009(4) S.C.C. 437.
With the above direction this petition is finally disposed of.
Order Date :- 25.9.2014 RPD/W.P.