Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 4631 of 2018
Petitioner :- Mohd. Shahbaz @ Saif Khan And Another
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Ashok Kumar Mishra,Satish Chandra Jaiswal
Counsel for Respondent :- G.A.,Deep Chand Singh
Hon'ble Vipin Sinha,J.
Hon'ble Daya Shankar Tripathi,J.
Heard learned counsel for the petitioner(s), Sri Deep Chand Singh, the learned counsel for the complainant and 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. 946 2017, under Section - 307, 325, 392 IPC, P.S.- Kotwali, district- Deoria.
Learned counsel for the petitioner(s) submitted that the impugned first information report has been lodged by complainant containing absolutely false and concocted allegations against the petitioner(s) with the ulterior intention of harassing petitioner(s); the petitioners have been implicated in the present case solely in view of and with the intention to implicate the petitioners under the Gangster Act; FIR has been lodged after much delay i.e. after a period of five months, which has not been explained; there in no injury report on record as on date; apart from the bald allegations made in the impugned F. I. R., no evidence is forthcoming even prima facie indicating at the complicity of the petitioner(s) in the commission of alleged offence and hence the impugned F. I. R. which is a bundle of lies and motivated by malice, is liable to be quashed.
We have perused the FIR and from perusal of the allegations as made in the impugned F. I. R., it cannot be said that no cognizable offence is made out, hence the impugned F. I. R. is liable to be quashed.
After hearing learned counsel for the parties and after perusing the impugned FIR and keeping in view the law as laid down by the Apex Court in the aforementioned cases, the Court is of the opinion that no case for grant of any indulgence is made out.
However, it is provided that in case petitioners appear and surrender before the court 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 Apex 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 or till petitioners surrender and applies for bail, whichever is earlier, no coercive action shall be taken against petitioners. However, in case, petitioners do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.
With the aforesaid observations, the writ petition is disposed of.
Order Date :- 26.2.2018/Kuldeep