Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 37302 of 2018 Petitioner :- Khajan Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kunwar Ajay Singh Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Kunwar Ajay Singh for the petitioner and AGA for the State and perused the record.
This writ petition has been filed with the prayer to quash the F.I.R. dated 13.2.2018, in Case Crime No. 244 of 2018, under Sections 420, 467, 468, 471 I.P.C., P.S. Khurja Nagar, district Bulandshahar.
A perusal of the F.I.R. shows that it discloses cognizable offence, as such, it is not liable to be quashed.
However, it is observed that in case the petitioner surrenders before the court below within one month from today and applies for bail, the same shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P., 2004 (57) ALR 290 and affirmed by Apex Court in Lal Kamlendra Pratap Singh Vs. State of U.P., 2009 (3) ADJ 322 (SC). For a period of one month from today, no coercive action shall be taken against the petitioner.
It is made clear that no further time shall be allowed to the petitioner to surrender before the Court below.
With the aforesaid observations, the writ petition stands disposed of.
Order Date :- 19.12.2018 Jaideep/-