Court No. - 41
Case :- CRIMINAL MISC. WRIT PETITION No. - 26313 of 2017
Petitioner :- Kripa Shankar
Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Arvind Singh Counsel for Respondent :- G.A.
Hon'ble Rajesh Dayal Khare,J. Hon'ble Mahboob Ali,J.
Heard learned counsel for the petitioner and learned A. G. A. for the State. This writ petition has been filed by the petitioner with the prayer to quash the F. I. R. dated 27,19,2917 lodged in Case Crime No. 101 of 2017, under Sections 376, 450, 504, 506 I.P.C. Police Station Anpara, District Sonebhadra.
It is contended by learned counsel for the petitioner that the present proceedings is nothing but as a counter blast to the proceedings initiated by the petitioner against the respondent no.3.
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 petitioner, it is directed that in case the petitioner appears before the court concerned within thirty days from today and applies for bail, the same shall be heard and disposed of expeditiously, if possible, on the same day 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 :- 28.11.2017 S.Ali