Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 19947 of 2019 Petitioner :- Islam Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ramesh Chandra Upadhyay,Ghanshyam Das Mishra Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J.
Heard Sri Ramesh Chandra Upadhyay, learned counsel for the petitioner, Sri A.K. Saran, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioner with a prayer to quash the F.I.R. dated 18.8.2018 registered as case crime no.597 of 2018, under sections 506, 354 Gha IPC P.S.Shahganj, District Agra at present under Section 506 IPC and 3(1)(10) SC/ST, Act, P.S. Jagdishpura, District Agra.
It has been argued by learned counsel for the petitioner that the petitioner had approached this Court and challenged the FIR which was initially registered under Section 506 and 354 Gha IPC and Writ Petition No.1939 of 2019 which was dismissed by this Court on 25.1.2019, the copy of order is annexed at page 11. During the course of investigation, the offence under Section 3(1)(10) SC/ST Act was added and the petitioner moved an anticipatory bail before the Court below which was rejected and he also approached against the said order before this Court that too was rejected on the ground that the anticipatory bail was not maintainable. It is next argued that the offence under Sectin 354 Gha has been dropped during the course of investigation but as the petitioner has already approached this Court to challenge the impugned FIR under Section 354 Gha and 506 IPC and though the investigation under Section 354 Gha has been dropped but Section 506 IPC is still remain. Hence, it will not be proper for this Court to entertain the second petition for the same cause of action and, accordingly, the present petition stands rejected.
However, the petitioner is at liberty to approach this Court and move a bail application under Section 439 Cr.P.C. which shall be decided expeditiously by the Trial Court.
(Raj Beer Singh, J.) (Ramesh Sinha, J.) Order Date :- 26.7.2019 Neeraj