Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 2695 of 2019 Petitioner :- Kamal And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anurag Kumar Pandey 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 the petitioners with the prayer to quash the F.I.R. in Case Crime No.338 of 2018, under Sections 147, 148, 149, 307, 332, 353,186, 342,420, 467, 468, 471, 427 and 120B I.P.C. and Section 7 Criminal Law Amendment Act, and Section 60/63 Excise Act, P.S.- Ram Chandra Mission, District Shahjahanpur.
After advancing his arguments at some length, learned counsel for the petitioners gave up his challenge to the impugned F.I.R. and made a prayer that a direction be issued to the courts below to consider and decide the bail application of the petitioners expeditiously in accordance with law. He further submitted at the Bar that he is not pressing any other prayer made in the writ petition.
In view of above, we refused to quash the impugned F.I.R.
However, considering the prayer made by learned counsel for the petitioners, it is directed that in case the petitioners appears before the court concerned within thirty days from today and applies 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 which has been affirmed by Hon'ble Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in 2009 (3) ADJ 322 (SC).
With the above directions, this petition is disposed of finally.
Order Date :- 31.1.2019 Rahul.