Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 31351 of 2018 Petitioner :- Hazi Umar @ Mohd Umar And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Amit Kumar Srivastava Counsel for Respondent :- G.A.,Satya Prakash Sharma
Hon'ble Bala Krishna Narayana,J. Hon'ble Krishna Pratap Singh,J.
Heard learned counsel for the petitioners, learned A.G.A. for the respondent Nos.1 and 2 and Sri S.P. Sharma, learned counsel for the respondent No.3.
This writ petition has been filed by the petitioners to issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 2010.2018 registered as Case Crime No. 428 of 2018 under Sections 376-D, 342, 506 IPC Police Station Kotwali Nagar, District Aligarh.
From the perusal of the impugned FIR and on the basis of the allegation made therein, it cannot be said that no cognizable offence is disclosed against the petitioners. There is no ground for interference with the F.I.R. Therefore, the prayer for quashing the impugned F.I.R. is refused.
However, after perusing the record and considering the nature of the allegations it is directed that in case the petitioners appear before the court concerned within three weeks from today and apply for bail, the same shall be considered and disposed of expeditiously by the courts below.
With the aforesaid direction, this petition is finally disposed of.
Order Date :- 31.10.2018 Pr/-