Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 5591 of 2019 Petitioner :- Mohd Shafik Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vivek Prasad Mathur Counsel for Respondent :- G.A.,Mata Pher
Hon'ble Vipin Sinha,J. Hon'ble Ajit Singh,J.
Heard Vivek Prasad Mathur, learned counsel for the petitioner, Sri M.P. Tiwari, learned counsel for the complainant and Sri Yogeshwar Rai, 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. 12 of 2019 u/s 147, 354A, 354B, 376, 511, 323, 504, 452 IPC and Section 3(1) (Da), 3(1) (v) SC/ST Act, PS Khesraha, District Siddharth Nagar.
Learned counsel for the petitioner submits that with regard to the incident dated 5.6.2018 the FIR was lodged on 28.1.2019 in pursuance of an application under Section 156(3) Cr.P.C. In support of his contention, reliance has been placed on the averments made in paragraphs 6, 7, 8, 9, 13, 14 and 15 of the writ petition. However, counsel for the petitioner has drawn the attention of the Court to the injury report, which has been annexed on page 52 of the writ petition.
Learned A.G.A. as well as counsel for the complainant have opposed the writ petition with the contention that even though in the writ petition, which has been mentioned that the petitioner has got no criminal history but he does have a criminal history.
Looking to the facts and circumstances and the contention with regard to the first information report the gravity of the offence and the nature of the allegations as made in the first information report no case of grant of indulgene has been made out.
However, looking to the facts and circumstances of the case, it is directed that in case, petitioner appears and surrenders before the court below within two months from today and applies for bail, his 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 Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P. For a period of two months from today or till petitioner surrenders and applies for bail, whichever is earlier, no coercive action shall be taken against petitioner. However, in case, petitioner does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.
With the aforesaid observations, the instant writ petition is finally disposed of.
Order Date :- 28.2.2019 Mini