Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 34185 of 2018
Petitioner :- Guddu Yadav
Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sanjay Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
This writ petition has been filed by the petitioner with a prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. dated 04.11.2018 in Case Crime No. 283 of 2018 under Sections 272 I.P.C. and Section 60 (2) & 72 of U.P. Excise Act, P.S.- Rudrapur, District- Deoria.
After advancing his arguments at some length, learned counsel for the petitioner gave up his challenge to the impugned F.I.R. and made a prayer that a direction be issued to the courts below to consider and decide the bail application of the petitioner expeditiously in accordance with law. He further stated at the Bar that he is not pressing any other prayers made in the writ petition.
In view of above, we refuse to quash the impugned F.I.R.
However, considering the prayer made by learned counsel for the petitioner, it is directed that in case the petitioner appears before the court concerned within thirty days from today and applies 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 judgement 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 :- 28.11.2018 KS