Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 16992 of 2019 Petitioner :- Amit Sharma And 5 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Digvijay Singh Counsel for Respondent :- G.A.
Hon'ble J.J. Munir,J. Hon'ble Anil Kumar-IX,J.
Heard Sri Kunwar Digvijay Singh, learned counsel for the petitioners and Sri Deepak Mishra, learned Additional Government Advocate appearing on behalf of the State.
This petition has been filed by the petitioners challenging the FIR dated 29.05.2019 giving rise to Case Crime No. 0104 of 2019, under Sections 147, 148, 323, 452 I.P.C., Police Station Kheragarh, District Agra.
The submission of the learned counsel for the petitioners is that they have been falsely implicated in the present crime and no such incident occurred as reported in the impugned F.I.R. It is said that the intention of the informant is to implicate the petitioners in a false case, but there is no good reason assigned as to why the informant intends to falsely implicate the petitioners.
Sri Deepak Mishra, learned Additional Government Advocate has opposed the motion to admit this petition to hearing.
We have perused the first information report, which shows that this case is one of robbery after entering into the informant's home and assaulting two inmates by employing iron rods, which caused serious injury. There is corresponding injury which shows lacerated wound on the head sustained by Smt. Bhoori Devi and another lacerated wound sustained by Smt. Manju @ Manoj Devi. Many of the injuries have been advised to be subjected to a X-Ray examination.
Considering the aforesaid injuries and definite allegation, no case for quashing of the impugned F.I.R. is made. Accordingly, the prayer for quashing the F.I.R. is refused.
However, considering the overall facts and circumstances of the case, it is provided that in case the petitioners appear and surrender before the Courts below within 45 days from today and apply for bail, their prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Supreme Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
For a period of 45 days from today, no coercive action shall be taken against the petitioners in the aforesaid case. However, in case, the petitioners do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.
This writ petition stands disposed of accordingly.
Order Date :- 21.6.2019 Pkb/