Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 4992 of 2018 Petitioner :- Abhishek Chauhan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashish Kumar Singh,Pradeep Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Amreshwar Pratap Sahi,J. Hon'ble Rajeev Misra,J.
Heard learned counsel for the petitioner.
The allegations are of an alleged theft against the petitioner. The contention of the petitioner is that he has been falsely implicated. There is no material pleaded in the writ petition so as to incur or gather any inference of such false implication at this stage. It is contended by the learned counsel that the FIR has been lodged after an application under Section 156(3) Cr.P.C. was moved that too even four months after the alleged incident. The incident is alleged to be of July 2017 whereas the FIR has been lodged six months thereafter on 28.01.2018 under Sections 380/506 IPC in Case Crime No. 0096 of 2018, Police Station- Cantt, District- Varanasi.
We have gone through the contents and we find that the allegations are that the complainant had been approaching the police authorities and having failed to get the case registered then she was compelled to file the application under Section 156(3) Cr.P.C. for which she appears to have given an explanation. Thus, the aforesaid argument advanced on behalf of the learned counsel for the petitioner that this has been brought about through a delayed application under Section 156(3) IPC does not appeal to quash the FIR. No case for quashing of the FIR is made out.
It is open to the petitioner to apply for bail before the Court concerned which shall be considered and disposed of expeditiously.
The writ petition is accordingly dismissed. However, the bail application of the petitioner be disposed of expeditiously.
Order Date :- 27.2.2018 S.Chaurasia