Court No. - 37
Case :- CRIMINAL MISC. WRIT PETITION No. - 15919 of 2019 Petitioner :- Gaffar Khan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Virendra Singh Yadav Counsel for Respondent :- G.A.
Hon'ble Karuna Nand Bajpayee,J. Hon'ble Sanjay Kumar Singh,J.
This writ petition has been filed seeking the quashing of F.I.R. dated 19.3.2019 registered as Case Crime No. 74 of 2019, under Sections 147, 148, 420, 467, 468, 473, 504, 506 IPC and 3/21 Mines Mineral Act, P.S.-
Sheeshgarh, District- Bareilly.
Heard learned counsel for petitioner and learned A.G.A. Perused the record.
At the very outset, counsel has not pressed the prayer so far it relates to quashing of the FIR. Only submission raised by the counsel is that the petitioner has already got himself bailed out under some other sections levelled against him but as he could not obtained bail under Section 467 IPC, he intends to appear before the Court below and get himself bailed out under the aforesaid offence and in this regard some protective direction may be given to him.
In view of the submissions made by the petitioner's counsel, the prayer for quashing the impugned F.I.R. stands dismissed.
However, in view of the peculiar facts and circumstances of the case, it is directed that in case after surrendering in the court below an application for bail is moved on behalf of the petitioner within two weeks from today, the same shall be considered and decided in accordance with law.
In the aforesaid period or till the date of appearance of the petitioners in the court below, whichever is earlier, no coercive measures shall be taken or given effect to.
It is clarified that this order has been passed only with regard to the accused on behalf of whom this writ petition has been moved in this Court.
With the aforesaid observations this petition is finally disposed off.
Order Date :- 7.6.2019 AK Pandey