Court No. - 37
Case :- CRIMINAL MISC. WRIT PETITION No. - 15868 of 2019 Petitioner :- Bankey Lal And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ved Prakash Pandey Counsel for Respondent :- G.A.
Hon'ble Karuna Nand Bajpayee,J. Hon'ble Sanjay Kumar Singh,J.
This criminal misc. writ petition has been filed with the prayer to quash the impugned F.I.R. dated 05.4.2019 registered as Case Crime No. 0162 of 2019, under Sections 323, 352, 504, 506 I.P.C., P.S.- Jalalabad, District- Shahjahanpur.
Heard learned counsel for the petitioners and learned A.G.A. Perused the record.
At the very outset, learned counsel for the petitioners has not pressed the prayer so far it relates to quashing of the impugned F.I.R. The only submission made by the petitioners' counsel is that the petitioners want to appear before the court below and get themselves bailed out and in that regard some protective direction may be given.
In view of the submissions made by the petitioners' counsel, the prayer for quashing the impugned F.I.R. stands dismissed.
However, it is observed that if the bail has not been obtained as yet, the accused may appear before the court below and apply for bail within three weeks from today. The court below shall make an endeavour to decide the bail application on the same day, keeping in view the observations made by the Court in the Full Bench decision of Amrawati and another Vs. State of U.P. 2004 (57) ALR 290 and also in view of the decision given by the Hon'ble Supreme Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. 2009 (3) ADJ 322 (SC).
In the aforesaid period or till the date of appearance of the accused in the court below, whichever is earlier, no coercive measures like arrest shall be taken or given effect to.
It is clarified that this order has been passed only with regard to the accused on behalf of whom this writ petition has been moved in this Court.
With the aforesaid observations this writ petition is finally disposed off.
Order Date :- 6.6.2019 Naresh