Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 37296 of 2018
Petitioner :- Jahangir And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajesh Yadav 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 petitioners to quash the F.I.R. dated 19.09.2018 registered as Case Crime No. 0961 of 2018, under Sections 420, 467, 468 and 471 I.P.C., Police Station - Civil Lines, District- Moradabad.
Learned counsel for the petitioners contended that no offence against the petitioners is disclosed. Present case has been filed with a mala fide intention for the purposes of harassment. He further contended that the entire allegations made against the petitioners are false and fabricated. The petitioners are innocent and the have not committed any offence.
From the perusal of the material on record and looking into the facts of the case, at this stage it cannot be said that no offence is made out against the petitioners.
However, it is directed that in case the petitioners appear and surrender before the court below and apply for bail, their prayer for bail shall be considered and decided expeditiously, preferably on the same day in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
With the above directions, this writ petition is disposed of finally.
Order Date :- 19.12.2018 Sharad/-