Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 5577 of 2019 Petitioner :- Navneet Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vinod Kumar Upadhyay,Vijendra Kumar Rai Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard learned counsel for the petitioner and the AGA for the State and perused the record.
This writ petition has been filed to quash the FIR dated 13.2.2019 registered as Case Crime No. 377 of 2019, under Section 386 IPC, P.S. Kavi Nagar, Distt. Ghaziabad.
From a perusal of the material available on record and keeping in view the facts of the case, at this stage it cannot be said that offences levelled against the petitioner are not made out.
However, it is observed that in case the the petitioner surrenders before the court below and applies for bail, then same 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., 2004 (57) ALR 290 and affirmed by Apex Court in Lal Kamlendra Pratap Singh Vs. State of U.P., 2009 (3) ADJ 322 (SC). For a period of 30 days from today, no coercive action shall be taken against the petitioner.
It is made clear that no further time shall be allowed to the petitioners to surrender before the Court below.
With the aforesaid observations, the writ petition stands disposed of.
Order Date :- 28.2.2019 Rahul Dwivedi/-