Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 31282 of 2018 Petitioner :- Dhirendra Yadav And 5 Others Respondent :- State Of U.P. And Another Counsel for Petitioner :- Aqeel Ahmad Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Krishna Pratap Singh,J.
Heard Sri Aqeel Ahmad, learned counsel for the petitioners, learned A.G.A. for the State and Sri Prashant Rai learned counsel for the respondent no. 2.
This writ petition has been filed by the petitioners with the prayer to quash the F.I.R. Dated 24.09.2018 registered as Case Crime No. 241 of 2018 under Sections 395, 427, 147, 149, 504, 506 I.P.C., P.S. Sarai Khwaja, District Jaunpur.
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 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 view of the settled law laid down 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 which has been affirmed by Hon'ble Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in 2009 (3) ADJ 322 (SC).
With the above directions, this petition is disposed of finally.
Order Date :- 31.10.2018 Md Faisal