Court No. - 41
Case :- CRIMINAL MISC. WRIT PETITION No. - 5120 of 2018 Petitioner :- Anoop And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shashi Prakash Pandey Counsel for Respondent :- G.A.,Deepak Kumar Yadav
Hon'ble Rajesh Dayal Khare,J. Hon'ble Rajiv Gupta,J.
Heard learned counsel for the petitioners, Sri Deepak Kumar Yadav learned counsel for the respondent No.3 and the learned A.G.A.
This writ petition has been filed by the petitioners with the prayer to quash the F. I. R. dated 22.1.2018 which has been registered as Case Crime No. 16 of 2018, under Sections-452, 323, 504, 506 IPC and Section 3(2)(V) (Kha) SC/ST Act, police station Chhatari, district Bulandshahr so far it relates to the petitioners.
Learned counsel for the petitioners contends that the petitioners have been falsely implicated on account of village party bandi.
Sri Deepak Kumar Yadav learned counsel for the respondent No.3 states that the respondent No.3 is a handicapped lady, who had sustained injuries.
From the perusal of the F. I. R., it appears that on the basis of the allegations made therein, prima facie cognizable offence is made out. There is no ground for interference with the F. I. R. Therefore, the prayer for quashing the impugned F. I. R. is refused.
However, considering the nature of the allegations made in the F. I.
R. and submissions made by learned counsel for the petitioners, it is directed that in case the petitioners appear before the court concerned within thirty days from today and apply for bail, the same shall be heard and disposed of expeditiously, if possible, on the same day 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 reported 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 :- 27.2.2018 faraz