Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 1673 of 2019
Petitioner :- Ganga Sagar And Another
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Manvendra Narain Pathak
Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
This writ petition has been filed by the petitioners with the prayer to quash the F.I.R. dated 11.05.2016 in Case Crime no. 379 of 2016 , under Sections 147,148,323,504,506,427,307 I.P.C. and 7 Criminal Law Amendment Act., registered at P.S. Kotwali, District- Deoria .
Learned counsel for the petitioners submitted that no one has received any injury in the incident.
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 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 judgment passed by Hon'ble Apex Court in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
It is further provided that if the investigation in this matter has been completed and police report under Section 173(2) Cr.P.C. has been filed, the petitioners shall not be entitled to any benefit of this order.
With the above directions, this petition is disposed of finally.
Order Date :- 22.1.2019 Sharad/-