Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 16808 of 2019 Petitioner :- Lavkush And 5 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Yogesh Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble J.J. Munir,J. Hon'ble Anil Kumar-IX,J.
This petition has been filed challenging an FIR dated 28.04.2019 giving rise to Case Crime No. 0255 of 2019 under Section 147, 148, 323, 307, 384 IPC P.S. Firozabad North District Firozabad.
Heard Sri Yogesh Kumar Srivastava, learned counsel for the petitioners and Sri Deepak Mishra, learned AGA appearing on behalf of the State.
The submission of learned counsel for the petitioner is that the allegations against him are patently mala fide. The allegations in the first information report are to the effect over a dispute involving a sum of Rs. 2000/- the informant was assaulted by the petitioners, numbering seven, using sticks (lathi-danda), iron rods, knives and something called a piper. The seven also assaulted the informant's son resulting in serious injury. They left the place telling the informant that unless the informant paid a sum of Rs. 10,000/- per month, they would not permit his plant to function.
The injury report in this case that was filed along with the writ petition was not clear, and, we therefore, summoned the same. A number of persons were assaulted in this case and injury reports relating to one Vinay shows that there is an incised wound to the left side of the head, 7 cm above left ear which has been opined to be simple in nature. The injury report relating to Vinod and Ankit do not disclose any serious injury.
Looking to the nature of the allegations, we cannot go into them which require investigation. Accordingly, we refuse to quash the impugned FIR.
However, we direct that in case, the petitioners appear and surrender before the Courts below within 45 days from today and apply for bail, their prayer for bail 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. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Supreme Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
For a period of 45 days from today, no coercive action shall be taken against the petitioners. However, in case, the petitioners do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.
This writ petition stands disposed of accordingly.
Order Date :- 20.6.2019 Deepak