Court No. - 3
Case :- CRIMINAL MISC. WRIT PETITION No. - 19476 of 2018 Petitioner :- Babloo Maurya Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajesh Kumar Verma Counsel for Respondent :- G.A.
Hon'ble Rajesh Dayal Khare,J. Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioner and learned A. G. A. for the State.
This writ petition has been filed by the petitioner with the prayer to quash the F. I. R. dated 31.08.2017 lodged in Case Crime No.710 of 2017, under Sections 363, 366 IP.C., Police Station Jaitipur, District- Shahjahanpur.
It is contended that victim Sheetal @ Minakshi is a major as per her voter id card issued by the Election Commission of India, copy of which has been annexed as annexure SA-1 to the affidavit, which is also taken on record. It is also contended that petitioner had married with victim Sheetal @ Minakshi out of love and affection. It is further contended that allegation of offence 376 has been levelled against co-accused Mukesh, Palu and Rajneesh and thereafter, the victim was said to have been handed over by them 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 petitioner, it is directed that in case the petitioner appears before the court concerned within thirty days from today and applies 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 :- 30.7.2018 Junaid