Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 30479 of 2018 Petitioner :- Dheeraj And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Krishna Dutt Awasthi Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
This writ petition has been filed by the petitioners to issue a writ, order or direction in the nature of certiorari quashing the impugned FIR registered as Case Crime No. 927 of 2018, under sections 147, 148, 307, 324, 395, 427, 452, 354(Ka), 323, 504, 506 IPC, P.S. Soraon, District Allahabad.
It is submitted by learned counsel for the petitioners that the impugned FIR has been lodged by Gokul Prasad Kesharwani, respondent no. 3 roping the petitioners in the commission of offences by them under sections 147, 148, 307, 324, 395, 427, 452, 354(Ka), 323, 504, 506 IPC. He next submitted that apart from the bald allegations made in the impugned FIR no credible evidence whatsoever is coming forth even prima facie indicating at the petitioner complicity in the commission of the alleged crime and for the aforesaid reason the impugned FIR is liable to be quashed.
Per contra learned A.G.A. submitted that from the perusal of the impugned FIR and on the basis of the allegation made therein, it cannot be said that no cognizable offence is disclosed against the petitioners.
After having heard learned counsel for the parties present and perused the impugned FIR, we are not inclined to quash the same.
However, considering the peculiar facts and circumstances of the case, we direct 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, if possible, on the same day by the courts below.
With the aforesaid direction, this petition is finally disposed of.
Order Date :- 27.10.2018/RPD