Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 1717 of 2019
Petitioner :- Chhotu @ Prateek Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ram Chandra Solanki Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard learned counsel for the petitioner and learned A. G. A. for the State.
This writ petition has been filed by petitioner to quash the F.I.R. dated 02.11.2018 registered as Case Crime No. 454 of 2018, under Sections 147, 332, 353, 452, 352, 504, 506 I.P.C. & Section 7 Criminal Law Amendment Act, Police Station-Civil Lines, District-Etawah.
Learned counsel for the petitioner contended that no offence against the petitioner is disclosed. Present case has been filed with a mala fide intention for the purposes of harassment. He further contended that the entire allegations made against the petitioner are false and fabricated. The petitioner is innocent and he has not committed any offence.
From the perusal of the material on record and looking into the facts of the case, at this stage it cannot be said that no offence is made out against the petitioner.
However, it is directed that in case the petitioner appears and surrenders before the court below and applies for bail, his prayer for bail shall be considered and decided expeditiously, preferably on the same day in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 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 writ petition is disposed of finally.
Order Date :- 22.1.2019 Rahul.