Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 36833 of 2018 Petitioner :- Dilip Patel And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajesh Kumar Tiwari Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the petitioners and learned AGA for the State.
This writ petition has been filed by the petitioners with a prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. dated 25.11.2018 in Case Crime No. 527 of 2018 under Sections 324, 506 I.P.C., P.S.- Cholapur, District- Varanasi.
After advancing his arguments at some length, learned counsel for the petitioners gave up his challenge to the impugned FIR and made a prayer that a direction be issued to the courts below to consider and decide the bail application of the petitioners expeditiously in accordance with law. He further submitted at the Bar that he is not pressing any other prayer made in the writ petition.
In view of above, we refused to quash the impugned FIR.
However, considering the prayer 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 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 as well as judegment passed by Hon'ble Apex Court in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh vs. State of U.P.
With the above directions, this petition is disposed of finally.
Order Date :- 18.12.2018 SKD