Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 31189 of 2018 Petitioner :- Bahadur Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Hare Krishna Tripathi Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Krishna Pratap Singh,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. which has been registered as Case Crime No. 120 of 2018, under Sections-2/3 of U. P. Gangster Act at P. S.-Badagaon, district-Jhansi.
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 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 :- 31.10.2018 HR