Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 31035 of 2018 Petitioner :- Lallan Thekedar Alias Lallan Prajapati Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Prateek Sinha,Amar Nath Sinha Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Krishna Pratap Singh,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 02.06.2017 registered as Case Crime No. 0477 of 2017, under Section 304 IPC, PS Chakeri, District Kanpur Nagar.
It has been submitted by the learned counsel for the petitioner that the impugned FIR has been lodged inordinate and unexplained delay after one year. It is further submitted that regarding commission of offence by the petitioner under aforesaid sections are palpably false and moreover the same do not disclose any cognizable offence. The impugned FIR is thus liable to be quashed.
Learned A.G.A. has submitted that the post-mortem report of the deceased disclosed multiple injuries.
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 by the courts below in view of the settled law laid down 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).
It is further provided that if the investigation in this matter has been completed and police report under Section 173(2) Cr.P.C. has been filed, the petitioner shall not be entitled to any benefit of this order.
With the above directions, this petition is disposed of finally.
Order Date :- 30.10.2018 A.K.Verma