Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 13158 of 2018
Petitioner :- Kaushal Kishor
Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ali Hasan,Istiyaq Ali Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
This writ petition has been filed by the petitioners to issue a writ, order or direction in the nature of mandamus directing the respondents not to arrest the petitioner and with further prayer for quashing the impugned FIR dated 4.4.2018 registered as Case Crime No.415 of 2018, under Sections 498-A, 323, 504, 506, 377, 420, 436 I.P.C. and 3/4 of D.P. Act, Police Station Jagdishpura, District Agra.
Record shows that the matter was referred to the Mediation & Conciliation Centre of this Court vide order dated 22.05.2018. The report the Mediation & Conciliation Centre dated 04.09.2018 indicates that the parties are not willing for mediation.
In view of the above, we proceed to examine the matter on merits.
From a perusal of the impugned F.I.R. it appears that on the basis of the allegations made therein a prima facie cognizable offence is made out. There is no ground for interference in the F.I.R. Therefore, the prayer for quashing the impugned F.I.R. is refused.
However, it is directed that in case the petitioner appears before the court concerned within 30 days from today and applies for bail, the same shall be heard and disposed of by the courts below in view of the case of Smt. Amrawati and another Vs. State of U.P. 2005 Cr.L.J. 755 and Lal Kamlendra Pratap Singh Versus State of U.P. which has been approved by the Hon'ble Apex Court in reported in 2009(4) S.C.C. 437.
With the aforesaid direction, this petition is finally disposed of.
Order Date :- 12.9.2018 Anand Sri./-