Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 14417 of 2018
Petitioner :- Lalit @ Ankush
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Arun K. Singh Deshwal
Counsel for Respondent :- G.A.,Anand Vikram Singh
Hon'ble Vipin Sinha,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 with the prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F. I. R. which has been registered as Case Crime No.0485 of 2018, under Sections- 328, 376D, 366, 363 IPC & 3(2)V SC/ST ACt, P.S. Khurja Nagar, district Bulandshahar.
We have perused the FIR and from perusal of the allegations as made in the impugned FIR, it cannot be said that no cognizable offence is made out.
Reference may be made to the judgment of the Apex Court rendered in the case of R. Kalyani Vs. Janak C. Mehta and others reported in 2009(1) SCC 516. The said decision has also been followed by the Apex Court in the case of Kamlesh Kumari and Ors, Vs. State of U.P.; and Ors reported in 2015 AIR SCW 3700.
After hearing learned counsel for the parties and after perusing the impugned FIR and keeping in view the statement of victim recorded under Section 164 Cr. P.C.,as also in view of the law as laid down by the Apex Court in the aforementioned cases, the court is of the opinion that no case for grant of any indulgence is made out.
However, it is provided that in case, petitioner appears and surrenders before the court below and applies for bail, his prayer for bail shall be considered and decided expeditiously in accordance with law.
With the aforesaid observations, the instant writ petition is finally disposed off.
Order Date :- 30.5.2018 T.S.