Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 37490 of 2018 Petitioner :- Madan Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Amit Daga Counsel for Respondent :- G.A.,Ajay Singh
Hon'ble Naheed Ara Moonis,J. Hon'ble Mrs. Manju Rani Chauhan,J.
Heard learned counsel for the petitioner, learned A.G.A. for the State and Sri Ajay Singh, learned counsel for the caveator- respondent.
By means of the present writ petition, the petitioner has invoked extraordinary jurisdiction of this Court with a prayer to quash the FIR dated 07.12.2018 lodged in Case Crime No. 316 of 2018 under Sections 419, 420, 409, 467, 468, 469 I.P.C., Police Station Kishanpur, District Fatehpur.
It is submitted by the learned counsel for the petitioner that the petitioner is being unnecessarily harassed on the basis of false allegations made against him while prima facie no cognizable offence is made out pursuant to the FIR lodged by the respondent 4. Hence the FIR deserves to be quashed.
Per contra learned A.G..A contended that the allegations made in the first information report cannot be aborted at this stage. The petitioner will have sufficient opportunity to rebut the allegations.
From the perusal of the FIR, prima facie it cannot be said that no cognizable offence is made out against the petitioner. The petitioner is involved in the serious offences hence no ground exists for quashing of the F.I.R. or staying the arrest of the petitioner.The prayer for quashing the FIR is refused.
However, it is provided that if the petitioner appears or surrenders before the Court concerned within thirty days from today and applies for bail in the aforesaid case, his prayer for bail shall be considered by the court below expeditiously in accordance with law.
In the light of above observations, this petition is accordingly disposed of.
Order Date :- 20.12.2018/S.Ali