Court No. - 41
Case :- CRIMINAL MISC. WRIT PETITION No. - 7614 of 2018 Petitioner :- Nakse Lal Dubey @ Shivpraksh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shailendra Kumar Tripathi Counsel for Respondent :- G.A.
Hon'ble Rajesh Dayal Khare,J. Hon'ble Rajiv Gupta,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
This writ petition has been filed by the petitioner with the prayer to stay of his arrest in pursuance of the impugned F.I.R. dated 16.03.2018, which has been registered as Case Crime No. 132 of 2018, under Sections 376, 452, 323, 504, 506 IPC and Section 3(2)(V) of SC/ST Act, Police Station Bewar, District Mainpuri.
From the perusal of the F.I.R., it appears that on the basis of the allegations made therein, prima facie cognizable offence is made out. There is no ground for interference with 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 and applies for bail, the same shall be heard and disposed of expeditiously, strictly in accordance with law, after hearing the Public Prosecutor.
With the above directions, this petition is finally disposed of.
Order Date :- 28.3.2018 Nadim