Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 24982 of 2018 Petitioner :- Manmohan Singh Respondent :- State Of U.P. And 02 Others Counsel for Petitioner :- Sanjay Srivastava Counsel for Respondent :- G.A.,Pradeep Kumar Mishra Criminal Misc. Correction Application No. 2 of 2018 Hon'ble Bala Krishna Narayana,J.
Hon'ble Ravindra Nath Kakkar,J.
This is an application seeking correction in the order dated 10.09.2018.
It is admitted amongst learned counsel for the parties that inadvertently wrong order has been transcribed. Therefore, the order dated 10.09.2018 is recalled and is substituted by the following order :-
"Heard learned counsel for the petitioner and learned A.G.A. for the State.
This writ petition has been filed by the petitioner with a prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. dated 23.06.2018 in Case Crime No. 38 of 2018 under Section 498A, 323, 504, 506, 377 I.P.C. and 3/4 of Dowry Prohibition Act, P.S.- Mahila Thana, District- Kanpur Nagar.
It has been submitted by the learned counsel for the petitioner that the allegations made in the impugned F.I.R. regarding commission of offence by the petitioner under the aforesaid sections are palpably false and moreover the same do not disclose any cognizable offence. The impugned F.I.R. is thus liable to be quashed.
From the perusal of the impugned F.I.R., it appears that on the basis of the allegations made therein, a prima facie cognizable offence is made out. There is no ground for interference in 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 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 in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
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 :- 25.9.2018 KS