Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 10003 of 2018 Petitioner :- Farhat And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Lal Prabhakar Singh Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Mahboob Ali,J.
Exemption application is allowed.
Learned counsel for the petitioners has filed supplementary affidavit today which is taken on record.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
This writ petition has been filed with the prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F. I. R. which has been registered as Case Crime No. 62 of 2018, under Section- 363, 366, 120B IPC, P.S.- Kadar Chowk, district- Badaun.
It is submitted that both the petitioners have been named in the FIR and the statement of under Section 164 Cr.P.C. has been annexed as annexure 1 to the supplementary affidavit; apart from the bald allegations made in the impugned F. I. R., no evidence is forthcoming even prima facie indicating at the complicity of the petitioners in the commission of alleged offence and hence the impugned F. I. R. which is a bundle of lies and motivated by malice, is liable to be quashed.
We have perused the FIR and from perusal of the allegations as made in the impugned F. I. R., it cannot be said that no cognizable offence is made out.
Reference may be made to the judgment of the Apex Court rendered in the case of R. Kalyani v. Janak C. Mehta and Others reported in 2009 (1) SCC 516. The said decision has also been followed by the Apex Court in the case of Kamlesh Kumari and Ors. v. State of U.P. and Ors. reported in 2015 AIR SCW 3700.
After hearing learned counsel for the parties and after perusing the impugned FIR and keeping in view the law as laid down by the Apex Court in the aforementioned cases the Court is of the opinion that no case for grant of any indulgence is made out.
However, it is provided that in case, petitioners appear and surrender before the court below and apply for bail, their prayer for bail shall be considered and decided expeditiously in accordance with law.
With the aforesaid observations, the writ petition is disposed of.
Order Date :- 25.4.2018 Ujjawal