Court No. - 54
Case :- CRIMINAL MISC. WRIT PETITION No. - 10914 of 2019 Petitioner :- Hansraj And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vidya Prakash Singh Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Anil Kumar-IX,J.
Sri Syed Irfan Ali, Advocate filed Vakalatnama on behalf of the respondent No.3 in Court today, is taken on record.
Supplementary affidavit has been filed by learned counsel for the petitioners today in Court, which is taken on record.
Heard Sri Vidya Prakash Singh, learned counsel for the petitioners, Sri Syed Irfan Ali, learned counsel for the respondent No.3 and learned AGA for the State.
By means of the present writ petition, the petitioners have invoked extraordinary jurisdiction of this Court with a prayer to quash the F.I.R. dated 14.4.2019, registered as Case Crime No. 227 of 2019 under Sections 147, 148, 307, 323, 504, 506 I.P.C., Police Station- Khurja Nagar, District-Bulandshahar.
It is submitted by the learned counsel for the petitioners that the petitioners are being unnecessarily harassed on the basis of false allegations made against them while prima facie no cognizable offence is made out pursuant to the F.I.R. lodged by the respondent no.3 Satendra Singh. Hence the F.I.R. deserves to be quashed.
Per contra learned A.G.A as well as learned counsel for the respondent No.3 contended that the allegations made in the first information report cannot be aborted at this stage. The petitioners will have sufficient opportunity to rebut the allegations.
From the perusal of the F.I.R., prima facie it cannot be said that no cognizable offence is made out against the petitioners. The petitioners are involved in the serious offences hence no ground exists for quashing of the F.I.R. or staying the arrest of the petitioners. The prayer for quashing the F.I.R. is refused.
The petition is accordingly dismissed.
However, it is provided that if the petitioners appear or surrender before the Court concerned within thirty days from today and apply for bail in the aforesaid case, their prayer for bail shall be considered by the court below expeditiously in accordance with law.
Order Date :- 25.4.2019Ashutosh Pandey