Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 30602 of 2018 Petitioner :- Jay Prakash Alias Om Prakash And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mahabir Yadav Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Krishna Pratap Singh,J.
Heard learned counsel for the petitioners and learned A. G. A. for the State.
This writ petition has been filed by the petitioners with the prayer to quash the F. I. R. which has been registered as Case Crime No. 671 of 2018, under Sections-452, 308, 323, 504, 506 and 394 I. P. C. at P. S.-Karchhana, district-Allahabad.
It is submitted by learned counsel for the petitioners that both sides have received injuries in the incident in question.
From the perusal of the F. I. R., it appears that on the basis of the allegations made therein, prima facie cognizable offence is made out. There is no ground for interference with the F. I. R. Therefore, the prayer for quashing the impugned F. I. R. is refused.
However, considering the nature of the allegations made in the F. I. R. and submissions made by learned counsel for the petitioners, it is directed that in case the petitioners appear before the court concerned within thirty days from today and apply 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 reported 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 :- 29.10.2018 HR