Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 5103 of 2019 Petitioner :- Balveer Singh And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Mohd. Saleem Khan Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Virendra Kumar Srivastava,J.
Heard learned counsel for the petitioners, Sri Shishir Tandon, learned counsel for the respondent no. 5 , and learned AGA for the State.
By means of the present writ petition, the petitioners have invoked extraordinary jurisdiction of this Court with a prayer to quash the first information report dated 2.9.2017 registered as Case Crime No. 700 of 2017, under Sections 147, 324, 504, 307 and 148 I.P.C., police station Izzat Nagar, District Bareilly.
The submission of the learned counsel for the petitioners is that both the petitioner were not named in the first information report and even after the submission of the charge sheet against the named accused persons their complicity was not disclosed and thereafter on further investigation the complicity of the petitioners were disclosed that they were also involved in the commission of the offence. The petitioners have been roped in the present case due to some ulterior motive. He further submitted that apart from the bald allegations made in the impugned first information report no evidence is forthcoming even prima facie indicating at the complicity of the petitioners in the commission of the alleged crime and hence the impugned first information report is liable to be quashed.
Per contra the learned counsel appearing on behalf of the respondent no.5 contended that the allegation contained in the first information report cannot be aborted at this stage. In the incident two persons were seriously injured. The petitioners will have ample opportunity to rebut the allegations made against them. Hence they do not deserve any indulgence.
From the perusal of the first information report, 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 first information report. Therefore, the prayer for quashing the impugned first information report is refused. The writ petition sans any merit and is accordingly dismissed.
However, considering the nature of the allegations made in the first information report 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 by the courts below in accordance with law.
Order Date :- 25.2.2019 Shahnawaz